Citation Nr: 22018252
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 18-12 664
DATE: March 28, 2022

REMANDED

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

REASONS FOR REMAND

The Veteran served on active duty from June 2006 to May 2011.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a November 2017 rating decision of the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).

In a February 2020 decision, the Board denied entitlement to SMC based on the need for regular aid and attendance.  The Veteran subsequently appealed that decision to the United States Court of Appeals for Veterans Claims (Court).  In a July 2021 Memorandum Decision, the Court set aside the February 2020 decision and remanded this matter to the Board.

Remand to the AOJ is necessary to obtain VA medical center (VAMC) records and to schedule an additional VA examination.  January 2020 and October 2020 Vocational Rehabilitation and Employment (VR&E) Counseling Records referenced continuing VAMC medical care.  The most recent VAMC record associated with the claims file is dated October 22, 2018, however.

Furthermore, a VA examination is warranted.  Although the Veteran reported receiving assistance from others, he also provided evidence that he managed his own financial affairs and successfully attended college.  Additionally, the only examination addressing the need for aid and attendance is dated January 2018, and the January 2020 and October 2020 Counseling Records both indicated that the Veteran could independently manage his personal hygiene, clothing, dressing, nutrition, healthcare, medication management, and personal transportation needs. There is a question as to whether assistance is a convenience and preference, or is actually required.  

The matter is REMANDED for the following action:

1. Associate with the claims file records of VAMC treatment received since October 22, 2018, from the Minneapolis VA Health Care System, as well as any other VA facilities identified in the records system.

2. Schedule a VA Aid and Attendance examination; the claims file must be reviewed in conjunction with the examination.  The clinician must specifically address any ways in which the Veteran's service-connected disabilities necessitate regular care or assistance to protect the Veteran from hazards or dangers incident to his daily environment.

3. Then, readjudicate the claim.  If the benefit sought remains denied, issue a supplemental statement of the case and return the matter to the Board if otherwise in order.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W. Ripplinger, 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.