Citation Nr: 21030776 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 16-43 840 DATE: May 19, 2021 REMANDED Entitlement to special monthly compensation (SMC) based on the need of aid and attendance (A&A) or by reason of being housebound is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1991 to March 1998. In December 2018, the Board remanded the issue for additional development. The Board finds that there was substantial compliance with the remand directives on appeal as discussed below. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Entitlement to special monthly compensation (SMC) based on the need of A&A and/or by reason of being housebound is remanded. The Veteran seeks entitlement to SMC based on A&A and/or housebound status. The Veteran's is service connected for the following disorders: major depressive disorder at 50 percent; degenerative lumbar spine at 40 percent; migraine headaches at 30 percent; right shoulder strain at 20 percent; diabetes mellitus at 20 percent; lumbar spine at 20 percent; radiculopathy of the right lower extremity at 20 percent; hallux rigidus at 10 percent; radiculopathy of the left lower extremity at 10 percent; lower back scar at 10 percent; rhinitis at 0 percent; hemorrhoids at 0 percent; laceration scar at 0 percent; and hypertension at 0 percent. The Board notes that the Veteran was also assigned SMC from March 15, 2010 to July 1, 2010 and a total disability rating based on unemployability effective June 30, 2012. Nothing herein should be taken as impacting those ratings. Social Security Administration records reveals that the Veteran was found to be disabled and received Social Security benefits effective June 27, 2012 for the following disabilities: lumbar and cervical spine disabilities including lower extremity radiculopathy, migraine headaches, depression, side effects of pain medications, and obstructive sleep apnea. VA medical records reveal that the Veteran's service connected lumbar spine and secondary radiculopathy disorders presents some difficulty standing for prolonged periods or ambulating. Review of the record also reveals that the Veteran last underwent an examination for housebound status or permanent need for aid and attendance on July 2013. Since, the Veteran has been service connected for major depressive disorder in 2016 and received an evaluation of 50 percent. As such, in order to provide the Veteran every opportunity to substantiate his claim, a VA examination for SMC will be requested. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination conducted by a VA examiner with appropriate specialties for producing findings for SMC, based on the need for aid and attendance or at the housebound rate. The complete electronic claims file must be made available to the examiner in conjunction with the examination. The examiner should detail all findings. Specifically, all functional limitations due to service connected disabilities should be set out. The examiner is further requested to acknowledge, address, consider, and discuss the Veteran's lay statement concerning any physical or mental impairments that render him housebound or in need of regular aid and attendance. All clinical findings should be specifically set out. Please provide a complete rationale for all opinions entered and review the entire record including lay statements. If an examiner cannot provide any of the requested opinions, he/she must affirm that all procurable and assembled data was fully considered, and a detailed rationale must be provided for why an opinion cannot be rendered. 2.The AOJ must ensure that the examiner's report complies with this remand and answers the questions presented in the request. The AOJ must also ensure that the examiner documents consideration of the electronic claims file. If the report is insufficient, the AOJ should take corrective action. MICHAEL D. LYON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Elliot Harris The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.