Cannabis

thank you berta. the 1151 claim is unrelated to the housebound cue claim. dog bite ruined my left hand and va doc made a record that it was arthritis not related to dog bite. i don't want to muddy my mind with it right now, trying to stay on track with this cue problem. thank you for the info; i will save and use it. i appreciate your help.

Thank you berta. i don't have my c file. i only have the letters sent with the decision and the notes in my medical record about the c and p exam. i was diagnosed with ptsd, major depression and cannabis use. 50 percent in 2011. then i opened new case 2015, because i went from bad to worse instead of getting better like i hoped. they granted 100 percent in 2015. i was ok with that; really so weary and unable to fight but it looked like it was over. then when putting papers away, i read through medical record for some reason, maybe like one last time, a bad habit i can't break but i saw that i was noted as "homebound" by the psychiatrist resident, verified signed by the phd psychologist, and the head of the psych department, and md. then, all the next appointments mostly had to do with my concerns about getting out, missing appointments (verified by medical rec missed appointments), missing time, hiring drivers, etc. it's well documented in my medical record these things that are/were the actual cause of my not being able to pursue and maintain gainful employment. of any kind, let alone in my field that required the highest level of detail, complex and critical thinking/acting/speaking, professionalism. i couldn't leave my home, still can't, except for emergency. i even order food from internet now. these are the type of entries in the medical record (psychologist phd, and psychiatrists, md's) yet i was never asked about it during the c and p exam. which for "agoraphobia" the c and p would include discussion or question about being in fact "homebound" aka housebound. legal term of art at the va: "housebound-in-fact". this error in identifying the most relevant (for gainful employment), critically disabling condition in my v.a. medical record, (agoraphobia or panic attack with ... or housebound/homebound or whatever they call it), were never addressed in the c and p exams nor in the c and p write up. or award letters. i have dbq's from 2 doctors and 1 nurse re: current housebound in fact. it doesn't seem to be disputed that i am now and was then (2008 coming to v.a., 2009 apply for disability, 2010 granted 50 percent, 2015 asked to reopen file, va immediately scheduled c and p, awarded one hundred percent in 2015, 2017 sent notice to va that they made error and i have 1151 claim, now working on error/cue claim here with you. thank you for helping. i'm getting it figured out and the work done but it's a long haul and so hard. i've been sick, injured, car stolen, daughter murdered, plus more. so everything goes slow for this old lady. i plug along and it helps to have someone to talk it out with. you've helped me so much. when i went to the va at first, it was for the scoliosis in my back. i thought they could help fix it. after 30 years of pain, i thought it was a good idea to ask them about it. sometimes/often chronic pain people do think about suicide. i'm no different. so when they heard that, they sent to shrink instead of back doctor which was going to take a long time. i went along to the appointments, missed alot, had miscommunications, had missing time, anxiety during appointments, etc., these just observed from the facts of the file, and the notes/entries by the doctors. the va came up with the idea of ptsd, (i'd never heard of it before) and depression and cannabis use. they missed one: agoraphobia, it looks like, but i'm not a doctor. i need shrink type to say that? to say/state/witness/document that's what the diagnosis should have been, and if it was that, then but for their error in not reading my medical record, i would have been one hundred percent and housebound in fact. (instead of fifty percent). giving me the eed of 2009. can they skip over diabetes or other indicators of blood sugar problems that directly point to diabetes? example. or if i came in to va with s/c legs off at the knees, and said it prevented me from getting out, and the doctor wrote a note: homebound veteran, doesn't leave his house except with help and companion driver, and only for necessity. and then went on to diagnose diabetes and the vet got fifty percent for diabetes. i've been contacted by a va social worker who determined i was homeless/living in conditions not made for habitation, and she notified the RO of same. they are waiting on the dbqs and the statements of the doctors/nurses which are going to change because i just have discovered "agoraphobia" in the last few days. i had no idea it was a medical/mental diagnosis or that's what i likely have. so i have to hone the statements of the witnesses, and i think get a psych exam to verify condition and medical record analysis.??

Berta, i've thought of something. above, you said: "If, in 2008-2009- whenever you filed the claim that awarded 50%- if VA was aware of medical evidence that should have awarded you 100% at that time- that would have been a CUE- and if you had medical evidence of being housebound-that they knew of, that would be another CUE. " The medical evidence was in my V.A. file. The first appointment notes state that i am "homebound." The remaining notes also support this homebound, as i was/am concerned about not being able to get out. i had many discussions at the va about this. it's in the notes. Doesn't the medical record show agoraphobia possibility; whereas i should have been examined for this during the first c and p where i was awarded 50 percent? homebound in the medical record, signed by 3 doctors, supported by years of notes/evidence. i was not asked about not leaving my home at either the first or second c and p. Even though i have ptsd, this is a separate mental condition, panic attack with agoraphobia. Does this make sense? Do you see anything here for the CUE?

thank you for the thoughtful reply. sounds like on the cue i don't have one. i'll just let it go then. i've read all the cue and 1151 posts. i have many folders and documents and outlines. i've been working on this for years and the little help i could muster is gone. i can't pull this all together and argue what seems to me clear that they didn't read the record, or if they did they ignored that i couldn't (can't) leave my home often. that means totally disabled. you're sure a go-getter Berta. bless you.

thank you for the reply. yes, the grief is unbearable plus it leaves me totally alone in the world. already isolated due to ptsd, depression, etc., now my only helper is gone plus i lost my grandchildren too. thank you for the form. i'm actually doing pretty good on drafting the claim but it's a little convoluted, so i'm not sure about specific wording in my case. i need to tie the facts to my claim. in essense, the claim is that in 2008 i went to va for my back. they shifted me to psych, and the psychiatrist found that i was homebound (in my med record). then thru 09 to 10, i applied for disability and it was granted 50%. i didn't appeal; i thought they might be right. in 2015 i applied for increase. granted to 100%. Jan. 2015. then recently i reopened the case to claim cue and 1151 (not talking about that here). the error is in not examining me for housebound status when my medical record shows homebound plus other symptoms, notes, that show i am unable to work because of depression and ptsd. if i was examined for housebound (triggered by medical record), then they would have seen that i was 100% at the time. i was working as a lawyer, lost job in 06, couldn't keep appointments, poor hygeine, confusion, missing time, plus more. i am not challenging the subjective assessment of the original award. i'm arguing the original award obviously was incorrect because of va's failure to properly develop my claim. does this make sense?

Buck, homebound was not mentioned in the actual decision from the VA in 2009. But homebound and criteria for 100% are clearly in my medical record from the VA. Which is really all I have from that time period. Due to being homebound. I used to go to VA for medical but I don't do that anymore. And I recently stopped going out for food, found someone to deliver. Mostly. But i don't eat much anymore anyway. I just have to get the decisions out and look at them and figure it out. This all helps alot. Thank you.

Thank you Berta and everyone else! I didn't think I presented evidence here, only asking about how the raters/bva, etc., view the medical records. If there is any case law or decisions or handbook or manuals as to whether or not they are bound by what is directly said, and what is implied by the circumstances. For example, MH rating does not require 'housebound' for 100%. But, if someone is housebound because they cannot leave due to anxiety, depression fear phobia ... and those things are admitted caused by SC disability, then housebound is an indication of P & T 100% ??? This is my theory I'm working on and so far, maybe. Back to research. Thank you.

Yes, they had medical evidence in my file. Are doctors notes considered medical evidence? Are those notes prima facie evidence of what they state? If a doctor says "housebound" and the head doc agrees, and then the later doctor/psychologist appointments state circumstances that support housebound due to service connected depression, etc. I'll look up the EED, but it was to the date I filed, around 2015 or so. All times I've filed they decide fast. This time, too, as I filed NOD and now, decision is in my mailbox but I can't get there, housebound, after all. So I'm going to use this info you gave so far, and put together with NOD decision and give a timeline to you so you (and others ) can see a good timeline as reference and roadmap. Blessed day, and love.

Yes, Gastone, good idea. I'm living rough right now but i do have to get to copy/scan/fax soon, so maybe today later I can post it. Thank you for your help, everyone.

Thank you Buck. My question about the SMCs is answered. I do have one disability that is 100%. And I am housebound in fact, as per my medical record notation by doctors. So, this convo needs to move to CUE forum as that is what I am looking at here, CUE in the first decision. I need to know how to do that. I'll copy and paste over there in a little while. Thanks again.

No doctor filled out the dr statement for housebound. I just recently found the notation in my medical record. Yes, schedular, P&T. All 3 combined into one rating (they considered as mental health, which is just one rating). What I believe happened is this: I was discharged with 10% disability for depression. Statute says if discharged with 10%, then automatically it's 50% disability. So, I think they just did an automatic on me and did not read my medical record. I was housebound in 2008, they knew it, my record clearly indicates severe trouble and homeless as well. I should have been 100% + SMC S in 2009. Then in 2015, I especially should have been 100% + SMCs. They did find the 100% but not SMCs. If they are bound to the medical record as prima facie evidence, then it (housebound) is established in the record (VA med rec) in 2008, continuous until I quit going to VA. (which is another story and another claim, 1151, for aggravating ptsd to the point where i no longer leave for medical or food (my only 2 reasons to leave) due to abuse from va doc.) So in my mind it looks like the questions are: 1. does that notation of "housebound" in my medical chart constitute viable claim for CUE error that would then increase the 09 rating to 100% ... CUE?

Here's what I don't understand. "Housebound in fact" requires housebound status, plus 100% disability? The fact is that I was housebound per medical records in 2008. Same as if the doc said I had cancer or heart disease, right? Well, if the medical recordes say I was unable to leave home, then doesn't that fact say I should be 100% , then SMC s, in 2009 decision? CUE? I've said this several ways but I don't explain things very well anymore and I don't know if i'm making sense or explaining it. This is one reason why i don't pursue claims. Bless.

Asknod, thank you Do you think there is any hope for CUE back to 09 date since if I was housebound at that date, I couldn't possibly be 50%? See the reasoning? Any comment? Thank you so much. I also could file for disability for hep c because i worked on vaccine crew as the "wiper" following corpsman along the line, wiping the blood from jet guns. alot of blood, one arm after the other, no gloves anywhere in sight, one towel. wipe one arm, then the next, down the line until rag so bloody, get another. but i need to decide about the earlier decision and whether to let it go or cue??? thank you again.

Thanks, Buck. Do you have idea as to documents or form for this?