Citation Nr: 22015673
Decision Date: 03/18/22	Archive Date: 03/18/22

DOCKET NO. 11-18 128
DATE: March 18, 2022

REMANDED

Entitlement to special monthly compensation (SMC) at the housebound rate prior to September 14, 2020, is remanded.

REASONS FOR REMAND

The Veteran had active military service from June 1972 to June 1976. This matter is on appeal from a May 2016 rating decision and was previously remanded by the Board of Veterans' Appeals (Board) in May 2020, June 2021, and November 2021.

In its November 2021 decision, the Board remanded the Veteran's claim for an earlier effective date for SMC at the housebound rate. The Board noted that additionally, in January 2021, he filed a clear and unmistakable (CUE) error claim regarding the effective dates of the painful surgical scars and post-operative bilateral hernia repairs. The resolution of the Veteran's claims for earlier effective dates could affect whether SMC at the housebound rate would be warranted prior to September 14, 2020.  Accordingly, the Board deferred adjudication of the SMC claim until the CUE and earlier effective date claims had been adjudicated.

In a December 2021 VA memorandum, RO acknowledged the Board's remand directives. However, in a December 2021 Supplemental Statement of the Case (SSOC), the RO provided no discussion of the Board's remand directives, and there is no indication in the record that those actions were accomplished prior to returning the case to the Board. Accordingly, the case must once again be remanded. See Barr v. Nicholson, 21 Vet. App. 303, 311 (2007); see also Stegall v. West, 11 Vet. App. 268 (1998).

The matters are REMANDED for the following action:

1. Take any actions necessary to adjudicate the October 2020 supplemental claim and January 2021 CUE claim regarding the assigment of September 14, 2020, as the effective date for increased ratings for post-operative bilateral hernia repairs with chronic pain syndrome and painful surgical anterior trunk scars.

2. After completing the above, and any other development as may be indicated by any response received as a consequence of the actions taken in the preceding paragraph, readjudicate the Veteran's claim for SMC at the housebound rate prior to September 14, 2020.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.