BVA9505348 DOCKET NO. 93-00 753 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Phoenix, Arizona THE ISSUE Entitlement to special monthly pension benefits. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Neil Reiter, Counsel REMAND The veteran served on active duty from April 1966 to November 1968. The veteran filed his claim for pension benefits, including special monthly pension, in April 1992. At that time a claim for service connection for several disorders, claimed as due to Agent Orange exposure, was pending. In July 1992, a permanent and total rating for pension purposes was granted because of progressive polyneuropathy of all four extremities. The grant was based on treatment records for the period from November 1991 to March 1992. Special monthly pension was denied. His notice of disagreement was received in August 1992. The appeal was certified to the Board of Veterans' Appeals (Board) November 1992. In December 1992 extensive additional medical information was received by the Regional Office (RO). There is no indication that this evidence was considered by the RO before the appeal was sent to the Board in January 1993. In April 1994, the veteran reported that he is essentially housebound, that he uses a wheelchair, and that he needs his wife for aid and attendance purposes, to aid him in dressing, bathing, and getting in and out of bed. Before the Board could act on the certified issue, the RO recalled the claims folder to consider the service connection claims. These claims were denied in August 1994. After the certified issue was returned to the Board in October 1994, the veteran's representative noted that the medical information received in December 1992 had not been considered by the RO, and requested that the file be returned to the RO for due process reasons. The veteran has not received a VA examination for rating purposes to determine the nature and extent of his neurological disability. In addition, he has not received a special examination to determine whether he is housebound or in need of the aid and attendance of another person. In view of the contentions on appeal, the Board believes that the case should be remanded to the regional office to obtain additional examinations of the veteran, and ensure full due process. Accordingly, the case is hereby REMANDED to the regional office for the following actions: 1. The regional office should obtain all outpatient treatment reports relating to the veteran's treatment for polyneuropathy of the upper and lower extremities beginning from January 1993. 2. The regional office should make arrangements for a special neurological examination of the veteran to determine the current disabling manifestations of his polyneuropathy of the upper and lower extremities. The regional office should also make arrangements for a special examination of the veteran to determine whether he is housebound or in need of the aid and attendance of another person. All clinical tests which are deemed necessary should be conducted. The claims folder should be made available to the examiners prior to and during their examinations of the veteran. When the above actions have been completed, the case should be further reviewed by the regional office. If denial of the veteran's claim is confirmed, the case should be processed in accordance with appropriate appellate procedures, including a supplemental statement of the case. The supplemental statement of the case should include the ratings assigned for all disabilities, the appropriate codes, and the reasons and bases for each assigned rating. No action is required of the veteran until he receives further notice. The purpose of this REMAND is to procure clarifying data and ensure full due process. The Board intimates no opinion, either legal or factual, as to the ultimate determination warranted in this case. ROBERT D. PHILIPP 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).