Citation Nr: 18160371
Decision Date: 12/27/18	Archive Date: 12/26/18

DOCKET NO. 16-59 721
DATE:	December 27, 2018
REMANDED
Entitlement to an effective date earlier than March 4, 2014 for the grant of entitlement to special monthly compensation (SMC) based on housebound status is remanded.
REASONS FOR REMAND
The Veteran served on active duty from November 1970 to June 1973.
The issue of whether there was clear and unmistakable error (CUE) in a March 2010 rating decision that failed to infer a claim for special monthly compensation based on housebound status has been raised by the Veteran in a May 2015 statement.  This issue of CUE has not been adjudicated by the Agency of Original Jurisdiction (AOJ).  Therefore, the Board does not have jurisdiction over it, and it is referred to the AOJ for appropriate action.  38 C.F.R. § 19.9(b) (2018).
1. Entitlement to an earlier effective date earlier than March 4, 2014 for the grant of entitlement to SMC based on housebound status is remanded. 
In a March 2010 rating decision, the RO effectuated a grant of an earlier effective date of February 24, 2004 for service connection for posttraumatic stress disorder (PTSD) with a psychotic disorder.  The Veteran filed a claim for SMC based on housebound status on March 4, 2014. In a December 2014 rating decision, the RO granted SMC based on housebound status, effective March 4, 2014. 
The Veteran now alleges clear and unmistakable error (CUE) in the March 2010 rating decision that effectuated a grant of an earlier effective date of February 24, 2004 for service connection for PTSD with a psychotic disorder.  He specifically alleges that the RO should have granted entitlement to special monthly compensation based on housebound status back to February 24, 2004 at that time. The March 2010 rating decision is final.  
The RO has not yet adjudicated the CUE issue.  The Board finds that the Veteran’s claim for an effective date earlier than March 4, 2014 for the grant of entitlement to SMC based on housebound status and his claim with regards to CUE in the March 2010 rating decision are inextricably intertwined, as the outcome of the CUE issue could affect the outcome of the Veteran’s earlier effective date claim.  See Harris v. Derwinski, 1 Vet. App. 180 (1991).
Therefore, the earlier effective date claim must be held in abeyance and remanded to the AOJ to be addressed after initial adjudication of the CUE claim. 
The matter is REMANDED for the following actions:
1. Adjudicate the issue of whether CUE exists in a March 2010 rating decision that failed to infer a claim for SMC based on housebound status. If the CUE issue is denied, the Veteran and his representative should be informed of his appellate rights and given an opportunity to appeal.  This CUE claim should only be returned to the Board if the Veteran perfects a timely appeal of a denial of this issue.
2. Then, re-adjudicate the earlier effective date claim on appeal.  If the benefit sought is not granted, the Veteran and his representative should be furnished a supplemental statement of the case and afforded a reasonable opportunity to respond before the record is returned to the Board for further review.
  
CAROLINE B. FLEMING
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A.M. Clark, Counsel

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