Citation Nr: 0000011 Decision Date: 01/03/00 Archive Date: 12/28/01 DOCKET NO. 97-12 915 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia THE ISSUE Entitlement to special monthly compensation on the basis of the need for regular aid and attendance or at the housebound rate. REPRESENTATION Appellant represented by: Virginia Department of Veterans Affairs ATTORNEY FOR THE BOARD K. J. Alibrando, Counsel INTRODUCTION The veteran served on active duty from April 1968 to November 1969. This appeal comes before the Board of Veterans' Appeals (Board) from a February 1997 rating decision of the RO. REMAND Since the issuance of the statement of the case in April 1997, the appellant has submitted additional evidence which has not considered by the RO. This evidence includes VA hospital records, received in July 1998, showing hospitalization from May to June 1998 for treatment of an abscessed right foot and diabetes mellitus, and a split thickness skin graft of the left lateral calf in August 1996. In February 1999, private treatment records, dated in January 1999, were received and included a medical statement for consideration for aid and attendance for claimant showing a diagnosis of cerebrovascular accident secondary to occluded internal carotid artery; status post carotid endarterectomy and coronary artery bypass graft. The veteran is represented and has not waived his right to have that evidence initially considered by the RO. Any pertinent evidence submitted by the appellant which is accepted by the Board must be referred to the RO for review and preparation of a supplemental statement of the case, unless this procedural right is waived by the appellant. 38 C.F.R. § 20.1304(c) (1999). Therefore, this case must be remanded to the RO for consideration of the additional evidence submitted by the veteran. The Board finds that further development of the record is indicated in order to adjudicate the veteran's claim. In light of the additional evidence submitted, all pertinent treatment records should be obtained for review and the veteran should be afforded an additional VA examination. In light of the foregoing, the Board is REMANDING this case for the following actions: 1. The RO should take appropriate steps to contact the veteran in order to 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 since May 1998 for his service-connected disabilities. With any necessary authorization from the veteran, the RO should attempt to obtain copies of pertinent treatment records identified by the veteran in response to this request, including updated VA medical records, which have not been previously secured. 2. The RO should arrange for a VA examination, in order to determine the current severity of his service-connected disabilities and their effect on his ability to leave his home and to care for his basic needs without assistance. All indicated studies should be performed. A VA Form 21-2680 (Examination for Housebound Status or Need for Regular Aid and Attendance) must be completed as well. It is imperative that the claims folder be provided to the examining physician for review prior to the examination. The examiner should specifically comment on whether the veteran has lost the use of any extremity due to service-connected disability. A complete rationale for any opinion expressed must be provided. 3. Following completion of the above development, the RO should readjudicate the veteran's claim in light of the additional evidence added to the claims file after the statement of the case. If the benefits sought on appeal are not granted to the veteran's satisfaction, then he and his representative should be issued a Supplemental Statement of the Case and be afforded a reasonable opportunity to reply thereto. Thereafter, subject to current appellate procedures, the case should be returned to the Board for further appellate consideration. The veteran need take no action until he is further informed, but he may furnish additional evidence and argument while the case is in remand status. Kutscherousky v. West, 12 Vet. App. 369 (1999). No inference should be drawn regarding the final disposition of the claim as a result of this action. This claim must be afforded expeditious treatment by the RO. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See The Veterans' Benefits Improvements Act of 1994, Pub. L. No. 103-446, § 302, 108 Stat. 4645, 4658 (1994), 38 U.S.C.A. § 5101 (West Supp. 1999) (Historical and Statutory Notes). In addition, VBA's Adjudication Procedure Manual, M21-1, Part IV, directs the ROs to provide expeditious handling of all cases that have been remanded by the Board and the Court. See M21-1, Part IV, paras. 8.44- 8.45 and 38.02-38.03. STEPHEN L. WILKINS Member, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 1991 & Supp. 1999), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. 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) (1999).