Citation Nr: 22015173
Decision Date: 03/16/22	Archive Date: 03/16/22

DOCKET NO. 18-17 191
DATE: March 16, 2022

REMANDED

Entitlement to special monthly compensation (SMC) based on the need for the aid and attendance of another person is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1986 to June 1988.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2017 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

This case was remanded in July 2019 and October 2021 for further development; it has since been re-assigned to the undersigned.

Entitlement to SMC based on the need for the aid and attendance of another person is remanded.

The Board last remanded this matter in October 2021 to obtain records that had been identified by the Veteran and for which the RO made only one attempt to obtain.  In December 2021, the RO requested that the Veteran submit a VA Form 21-4142 to allow VA to obtain such private records; the Veteran did not respond, and the RO issued a January 2022 supplemental statement of the case.  On the same day that the RO certified the case back to the Board, the Veteran submitted the requested VA Form 21-4142 and identified three private providers.  Because the RO is still developing this issue by requesting records from the identified providers, the issue is not yet ready for adjudication by the Board and a remand is required.

The matter is REMANDED for the following action:

1. Continue developing the Veteran's claim of entitlement to SMC based on the need for aid and attendance of another person by obtaining all relevant private treatment records identified in a VA Form 414-2 received by VA on February 11, 2022.

2. If upon completion of the above action the issue remains denied, the case should be returned to the Board after compliance with appellate procedures.

 

 

E. I. VELEZ

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Matta, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.