BVA9502074 DOCKET NO. 93-08 020 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New Orleans, Louisiana THE ISSUE Entitlement to special monthly pension based on the need for regular aid and attendance. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD James A. Pritchett, Associate Counsel INTRODUCTION The evidence of record indicates that the veteran served on active duty from June to October 1973 and from April 1975 to December 1976. By rating decision dated in October 1992, the New Orleans, Louisiana, Department of Veterans Affairs (VA) Regional Office (RO) awarded the veteran special monthly pension by reason of being housebound. This appeal arises from an October 1991 decision by the same RO that denied a special monthly pension based on the need for regular aid and attendance and from an October 1992 rating action that continued the denial of that benefit. REMAND The evidence of record reveals that the veteran has a progressive degenerative neurological disease which has been diagnosed by the VA as a form of cerebellar degeneration. When he was last examined by the VA in September 1992 it was reported that the veteran ambulated with a scissoring gait and that there was so much spasticity that it took him a long period of time to walk from one place to another. Difficulty in swallowing was noted along with choking on food and water. On examination there was general muscle atrophy with the physician describing the veteran as "skin and bones". His speech was spastic and dysarthric and it was very difficult to communicate with him by speech. There was weakness in the muscles of the upper and lower extremities. On an earlier VA examination in June 1992, there was noted to be a marked coordination problem in the upper extremities. Based on this evidentiary record the RO granted the veteran special monthly pension at the housebound rate in October 1992. The award was made effective in July 1991, and was based on a determination that the cerebellar degeneration was 100 percent disabling and resulted in the veteran being housebound. The most recent pertinent evidence in the claims folder is information received from the veteran in January 1993 that he was working 28 hours week at a shipyard. We do not know if the veteran is still employed and, considering the progressive and debilitating nature of the neurological disease we cannot rule out the need for regular aid and attendance without further development. The case is Remanded for the following action: 1. The veteran should submit a current employment statement reflecting all hours worked and all wages earned since January 1993 along with a description of the nature of the work he performs. 2. The veteran should be accorded a comprehensive VA neurological examination as well as an examination to evaluate the need for regular aid and attendance, the latter examination to be reported on VA Form 21-2680. All clinical findings should be reported in detail with the neurologist commenting on the veterans ability to bear weight on each foot, balance of each foot, propulsion of each foot, and grasping and manipulation in each hand. The veterans ability to communicate by speech, his ability to chew and ingest food and drink and his mental status should likewise be described in detail. The presence or absence of bladder and bowel impairment, and, if present the degree thereof, should also be described. 3. When the above development is completed the rating board should individually evaluate and assign individual ratings for all manifestations of the neurological disease including, impairment in each upper extremity andeach lower extremity, aphonia, impairment of cranial nerve function affecting chewing and swallowing, and, if present, mental impairment, bladder impairment and bowel impairment. If the Remanded issue is not allowed, the veteran and his representative should be furnished with a supplemental statement of the case and afforded a reasonable time to reply thereto. Thereafter, the case should be returned to the Board for further appellate consideration as required. No action is required of the veteran until notified. The purpose of this Remand is to procure clarifying data. BRUCE E. HYMAN 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) (1993).