Entitlement to Special Monthly Compensation (SMC) under 38 U.S.C.

Citation Nr: 26001396 Decision Date: 01/30/26 Archive Date: 01/30/26 DOCKET NO. 20-17 620 DATE: January 30, 2026 ORDER Entitlement to Special Monthly Compensation (SMC) under 38 U.S.C. § 1114 (s) is granted. FINDING OF FACT The Veteran's award of TDIU can be based upon one service connected disability and the remaining service connected disabilities are independently ratable at 60 percent. CONCLUSION OF LAW The criteria for entitlement to SMC(s) have been met. 38 U.S.C. § 1114 (s) (2012); 38 C.F.R. § 3.350 (i). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from April 2010 to June 2014. In November 2023, the Board issued a decision granting entitlement to service connection for vertigo and granting entitlement to a TDIU. The Veteran appealed to the Court of Appeals for Veterans Claims ("the Court"). In February 2025, the Court issued a Joint Motion for Partial Remand, vacating the November 2023 Board decision to the extent that it did not consider whether the Veteran was entitled to SMC(s). In November 2024, the Veteran said that there were outstanding private treatment records, including where the Veteran was hospitalized for her service connected disabilities, that VA had failed to obtain. Additionally, she said that VA had failed its duty to assist because in September 2017, the Veteran informed VA she had treatment from the Augusta VAMC from June 2014 to July 2015. In August 2018, VA said the records did not exist, but did not give the Veteran notice. The Veteran said she was prejudiced because if she had been properly notified, she could have told VA where the records could have been found. Here, the Board notes that it is clear now that the Veteran is aware that VA was unable to obtain these records and she has been somehow notified or informed that those records are unavailable and she has not yet added any information in the file regarding these records or added additional medical records from this facility. In August 2025, the Board remanded the appeal in order to obtain the private treatment records and make another attempt to verify there were no outstanding records from the Augusta VAMC. The Veteran signed a release of information request and subsequently, records were obtained from the private treatment facility indicated by the Veteran. Additionally, records were obtained from the period of June 2014 to July 2015 from an Augusta Uptown facility. However, after more attempts were made to obtain records from the August VAMC, the response again came back there were no records from that facility for the time period in question. The Veteran was sent notification of this negative response. The Board finds there has been substantial compliance with the previous Board remand as private treatment records have been obtained, records from Augusta Uptown are of record, and further attempts were made to verify there were no records from the Augusta VAMC for the time period in question. There have now been two responses from that facility indicating there are no records available. Stegall v. West, 11 Vet. App. 268, 271 (1998). Under 38 U.S.C. § 1114 (s), SMC is payable at the housebound rate if the Veteran has a single service-connected disability rated as 100 percent and either of the following are met: (1) there is additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems (statutory housebound); or (2) he or she is permanently housebound by reason of service-connected disability or disabilities (housebound in fact). 38 U.S.C. § 1114 (s); 38 C.F.R. § 3.350 (i). Subsection 1114(s) requires that a disabled Veteran whose disability level is determined by the ratings schedule must have at least one disability that is rated at 100 percent in order to qualify for the special monthly compensation provided by that statute. Under the law, subsection 1114(s) benefits are not available to a Veteran whose 100 percent disability rating is based on multiple disabilities, none of which is rated at 100 percent disabling. The Court has held that although a TDIU may satisfy the "rated as total" element of section 1114(s), a TDIU based on multiple underlying disabilities cannot satisfy the section 1114(s) requirement of "a service-connected disability" because that requirement must be met by a single disability. The Court declared, however, if a Veteran were awarded a TDIU based on multiple underlying disabilities and then later receives a schedular disability rating for a single, separate disability that would, by itself, create the basis for an award of a TDIU, that the order of the awards was not relevant to the inquiry as to whether any of the disabilities alone would render the Veteran unemployable and thus entitled to a TDIU rating based on that condition alone. See Buie v. Shinseki, 24 Vet. App. 242, 250 (2010). In the November 2023 Board decision, the Board granted a TDIU based on the combined effect of the Veteran's service connected disabilities, but did not consider whether the Veteran's TDIU could be found based on a single disability. The Veteran is service connected for the following: " PTSD, rated as 70 percent disabling, " Headaches, rated as 50 percent disabling, " A neck disability, rated as 10 percent disabling, " A back disability, rated as 10 percent disabling, " A right hip disability, rated as 10 percent disabling, " Vertigo, rated as 10 percent disabling, " A uterus disability, rated as noncompensable Subsequently, after this appeal had been pending, the Veteran was also service connection for asthma, rated as 10 percent disabling. The Veteran has a long history of struggling with her mental health. A January 2015 examiner opined the Veteran's PTSD led to occupational impairment with deficiencies in most areas. Her symptoms included depressed mood, anxiety, panic attacks more than once per week, chronic sleep impairment, and disturbances of motivation and mood. In February 2016, the Veteran said her anxiety and depression were too overwhelming to work. A June 2017 PTSD examiner indicated the Veteran's mental health led to occupational impairment with reduced reliability and productivity. The Veteran's symptoms included depression, anxiety, panic attacks more than once per week, chronic sleep impairment, and disturbances of motivation and mood. The Veteran was well-groomed, oriented, with no memory problems, normal speech, normal communication. While the Veteran was anxious, she denied hallucinations and delusions. The Veteran reported she was not employed and had failed several classes and had difficulty attending class. She became overwhelmed and anxious about managing her classes, medical appointments for her back, and her marriage. The Veteran also has a fairly extensive history of being hospitalized for mental problems. However, records note the Veteran also has a cannabis use disorder that could possibly lead to psychosis. She was hospitalized in August 2018, December 2020 ("for PTSD, possible psychosis"), and March 2022 (noted to be for cannabis use disorder), In a November 2021 report of contact, it was recommended the Veteran be appointed a fiduciary for VA compensation benefit money because she had shown an inability to follow through with her mental health treatment and substance abuse disordered. The severity of her cannabis use disorder was causing psychological symptoms, suicidal ideations, increased depression, and disorganization. Medical records from the same month indicate a history of daily cannabis use with a history of psychosis related to use as well as a history of opioid use disorder leading to significant medical issues. She was also noted to have difficulty coping effectively with symptoms of her PTSD. More recent treatment records show no recent hospitalizations. The Veteran has been consistently well groomed, with communication, speech, and thoughts within normal limits. The Veteran was noted to have depression and anxiety and she reported her symptoms made it very difficult to get along with people or to take care of things at home. (See e.g. February, April 2025 treatment records.) The Board has also reviewed the Veteran's record for indication that her other service connected disabilities individually and independent of each other lead to her being unable to maintain gainful employment. However, while records indicate her disabilities do cause functional impairment, with symptoms such as stiff neck, being unable to work during a migraine episode, or having to lie down when her back hurt, the records do not indicate she is completely unable to work due to these disabilities. With regard to whether her PTSD solely leads to her inability to work, the Veteran has had periods, such as recently, where her mental health symptoms appear to be under control with the Veteran attending her medical appointments, being oriented, focused, and communicating well. The record also shows that throughout the years, the Veteran's mental health has become unstable enough for her to be hospitalized. Throughout the time on appeal, the Veteran has maintained she is unable to work. Complicating the matter is the fact the Veteran is not service connected for a cannabis or opiod use disorder. These two disorders appear to be at least partially responsible for several of the extended periods during which the Veteran was hospitalized for her mental health. However, it is not always possible to determine from the record how much of her mental instability is due to her PTSD and the resulting symptoms and how much is due to other non-service connected mental health conditions like her cannabis use disorder. Based on a detailed review of the record, in favor of the Veteran, the Board construes these mental health problems to be due to her service connected mental health disability. Mittleider v. West, 11 Vet. App. 181, 182 (1998). Resolving all doubt in favor of the Veteran, the Board finds the Veteran is unable to work due to her service connected mental health disability alone with her mental health disability leading to periods when she is hospitalized, being unable to care for herself, or function in a way that would be tolerable in a workplace setting. The Veteran's remaining service connected disabilities are independently ratable at 60 percent or more thereby qualifying her for SMC benefits as discussed above. John J. Crowley Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Snoparsky, 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.