Citation Nr: 22014694
Decision Date: 03/14/22	Archive Date: 03/14/22

DOCKET NO. 15-28 899
DATE: March 14, 2022

REMANDED

Entitlement to special monthly compensation based on the need for aid and attendance is remanded.

Entitlement to special monthly compensation at the housebound rate is remanded.

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

REASONS FOR REMAND

The Veteran served honorably on active duty in the United States Army from April 1977 to January 1983.  

This appeal comes to the Board of Veterans' Appeals (Board) from a February 2013 rating decision by the Veterans Benefits Administration (VBA).  In September 2021, the Board found that a claim for entitlement to TDIU was raised and appealed in association with the Veteran's claims for entitlement to special monthly compensation at the housebound rate and special monthly compensation based on the need for aid an attendance.  The Board found these issues were inextricably intertwined and ordered VBA to develop the TDIU claim before readjudicating the other issues.  

The evidence in the record shows that the Veteran has significant mental disabilities resulting from a combination of service-connected mental disabilities and other mental disabilities, which the Board has found are not service connected.  See July 2012 Board decision.  The last VA examination of the severity of the Veteran's service-connected mental disabilities is over 10 years old, and VBA did not obtain a more current examination before adjudicating the Veteran's TDIU claim.  See January 2012 VA mental disorders examination.  There is no VA examination in the record assessing the mental limitations the Veteran experienced during the period on appeal.  The Board finds it is necessary in this case to obtain a medical opinion to ascertain the extent to which the Veteran's mental limitations during the period on appeal are the result of his service-connected mental disabilities vs. the other disorders.  VBA should address this concern on remand and consider referring the matter to the Director of Compensation Service for extraschedular consideration.

The Board REMANDS these matters for the following actions:

1. VBA should contact the Veteran and all current representatives and request their assistance in identifying any outstanding relevant records.  VBA should make reasonable attempts to obtain all identified outstanding records and associate them with the Veteran's claims file.

2. After associating all outstanding relevant records with the Veteran's claims file, VBA should obtain a medical opinion identifying the functional limitations that the Veteran experienced during the period on appeal as a result of his service-connected mental disabilities.  The opinion should distinguish limitations from the service-connected mental disabilities from limitations by other mental disabilities that are not service connected.  If it is impossible to identify which limitations are attributable to each diagnosis, the opinion should state so.

3.  If VBA finds there is sufficient evidence to substantiate a reasonable possibility that a veteran may be unemployable because of service-connected disabilities, then it should refer this matter to the Director of Compensation Service for an advisory opinion for extraschedular consideration.  See 38 C.F.R. § 4.16(b); Snider v. McDonough, No. 19-6707 (CAVC November 19, 2021).     

 

 

K.A. KENNERLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Michael Duffy

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.