BVA9504732 DOCKET NO. 92-56 069 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUE Entitlement to restoration of special monthly pension based on the need for the regular aid and attendance of another person or housebound status. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARINGS ON APPEAL Appellant, his mother and his niece ATTORNEY FOR THE BOARD James L. March, Associate Counsel INTRODUCTION The veteran had active service from February 1967 to February 1970. There is evidence of additional service. This appeal comes to the Board of Veterans' Appeals (Board) from a rating decision of the Department of Veterans Affairs (VA) Regional Office in Boston, Massachusetts. In November 1992, the Board remanded the case for further action, to include the adjudication of the issues of entitlement to service connection for back disability, arthritis, kidney disabilities, post-traumatic stress disorder, and residuals of a head injury. These issues were denied by the RO in an April 1993 rating decision. The RO received a Notice of Disagreement and issued a Statement of the Case concerning these issues; however, the veteran has not submitted a substantive appeal on these issues. Thus, these issues are not before the Board. REMAND In the Board's November 1992 Remand, the RO was directed to afford the veteran a general medical examination together with an evaluation by a specialist in rheumatoid arthritis. In addition, the examiners were to complete a VA Form 21-2680 (Examination for Housebound Status or Need for Regular Aid and Attendance). Although examinations of the veteran's joints and peripheral circulatory system were conducted, the Medical Administrative Service canceled the general medical and special monthly compensation examinations. It appears that the examinations were canceled because the veteran was not notified of the appointments. The canceled examinations are vital to the issue on appeal. As such, the case must be remanded for new examinations in order for VA to fulfill its statutory duty to assist the veteran. In addition, a review of the record reveals that the veteran has been awarded disability benefits from the Social Security Administration (SSA). However, the medical evidence upon which SSA based its decision to grant disability benefits is not of record. As these records may be relevant to the issue on appeal, an attempt should be made to obtain them from SSA. In light of the foregoing circumstances, the Board concludes that a remand is warranted. Accordingly, the case is REMANDED to the RO for the following actions: 1. The RO should contact the SSA and request copies of the records upon which the veteran's award of disability benefits was based. 2. The RO should contact the veteran and request that he identify the names, addresses, and approximate dates of treatment for all VA and non-VA health care providers who have treated him for his various disabilities, particularly his rheumatoid arthritis, during the past several years. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran which have not been previously secured. The health care providers contacted should include Paul H. Martin, M.D. In any event, the RO should obtain copies of any treatment records of the veteran from the VA Medical Centers in West Roxbury and Worcester, Massachusetts, since November 1992, and associate them with the claims folder. 3. Thereafter, the RO should arrange for a VA general medical examination of the veteran, together with an evaluation by a specialist in rheumatoid arthritis, if available, to determine the current nature and severity of his disabilities and their effect on his ability to leave his home, and to care for his basic needs without the aid of others. All indicated studies should be performed. A VA Form 21-2680 (Examination for Housebound Status or Need for Regular Aid and Attendance) should be completed, as well. It is imperative that the claims folder and a copy of this Remand be provided to the examining physicians for review prior to the examinations. 4. The RO should then readjudicate the issue on appeal. If the claim is not granted to the veteran's satisfaction, the veteran and his representative should be issued a supplemental statement of the case and be afforded a reasonable opportunity to reply. Thereafter, the case should be returned to the Board for further appellate consideration, if otherwise in order. In taking this action, the Board implies no conclusion as to any ultimate outcome warranted. No action is required of the veteran until he is otherwise notified by the RO. SHANE A. DURKIN Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1994).