Citation Nr: 21042150
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 15-41 355
DATE: July 12, 2021

REMANDED

Entitlement to special monthly compensation at a higher rate is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1967 to September 1969.  The Veteran died in November 2019 and the appellant is the Veteran's surviving spouse.  In an October 2020 letter VA recognized the appellant as the Veteran's appropriate substitute in the appeal.  This matter is on appeal of September 2015 and July 2016 rating decisions.

The issue on appeal was previously remanded by the Board in October 2017.  In October 2019, the Board denied the Veteran's claim's claims for an increased initial disability rating for cerebrovascular accident resulting in right homonymous hemianopsia and for SMC at a higher rate.  The appellant appealed that part of the October 2019 Board decision denying entitlement to SMC at a higher rate to the United States Court of Appeals for Veterans Claims (Court).  In March 2021, the Court granted a Joint Motion for Partial Remand (JMR) by the appellant's attorney and the VA General Counsel.

Unfortunately, further development is necessary as more information is needed to allow the Board to make a fully-informed decision regarding this claim.

The Veteran's death certificate shows that he died while in a hospice facility, indicating that he was transferred to that facility at some time during the pendency of the appeal.  His admission to such a facility during the pendency of the appeal might have a direct impact on the issue on appeal.  Treatment records, including the dates of the Veteran's admission and discharge from the hospice facility where he died, as well as those of any other residential health care facilities he was admitted should be obtained and associated with the claims file.  

The matter is REMANDED for the following action:

Take the necessary steps to assist the appellant in obtaining treatment records including admission and discharge dates from the Rock Hill Hospice and Community Care facility where the Veteran died, as well as any other residential health care facilities where he was admitted during the pendency of the appeal.  Make a notation in the claims file of all attempts to obtain these records and all responses received.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. J. Wells-Green

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.