Citation Nr: 21042608
Decision Date: 07/13/21	Archive Date: 07/13/21

DOCKET NO. 15-34 260
DATE: July 13, 2021

REMANDED

Entitlement to survivor pension benefits based on the need for aid and attendance is remanded.

REASONS FOR REMAND

The matter was recently before the Board of Veterans' Appeals (Board) in April 2020 and remanded for further development. The April 2020 remand is incorporated by reference and the issue on appeal has been recharacterized. 

Unfortunately, there has not been substantial compliance with the Board's previous remand directives.  As noted in the April 2020 remand, the Appellant asserted that she needed aid and attendance, a theory that had not yet been considered and/or developed by the agency of original jurisdiction (AOJ).  In pertinent part, the Board directed the AOJ to schedule the Appellant for an aid and attendance/housebound examination.  To date this has not been accomplished and another remand is required.  Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matter is REMANDED for the following action:

1. Schedule the Appellant for an aid and attendance/housebound examination.  All necessary testing should be accomplished.  The examiner must indicate whether: the Appellant is blind or so nearly blind as to have corrected visual acuity of 5/200 or less, in both eyes, or concentric contraction of the visual field to five degrees or less; is a patient in a nursing home because of mental or physical incapacity; or shows a factual need for aid and attendance. 

The examiner is notified that determinations as to a factual need for aid and attendance must be based on actual requirements of personal assistance from others. In making such determinations, consideration is given to such conditions as the inability to dress and undress, the inability to keep ordinarily clean and presentable, the inability to feed oneself through loss of coordination of the upper extremities or through extreme weakness, or the inability to attend to the wants of nature. It includes the frequent need of adjustment of any special prosthetic or orthopedic appliances which by reason of the particular disability cannot be done without aid. A need for aid and attendance also includes either physical or mental incapacity that requires care or assistance on a regular basis to protect against the hazards or dangers incident to their daily environment.   

2. Upon completion of the above action, and any additional development deemed necessary, the claim must be readjudicated, to include whether the Appellant is entitled to survivor pension benefits based on the need for aid and attendance.  If the claim remains denied, the 

 

matter must be returned to Board after compliance with appellate procedures. 

 

 

MICHAEL MARTIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. L. Wallin, Counsel

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.