Asknod is right I stand corrected.
YOU NEED TO FILE FOR EVERY CONDITION THAT COULD BE SERVICE CONNECTED AT ONE TIME FILE ON E BENEFITS THAT'S THE FASTEST WAY AND SURE WAY THEY GET IT.
I'M SORRY I thought you were already 100%...but say you file for the increase as to your new evidence you have now if they did not have that back in 2009 ?...they can use it as new evidence now unless you submitted it in 2009?
going from 50% to 100 % you will need another separate rating of 90% to be 100% and the Dr letter that said you were House Bound in fact in 2009 (this would be special circumstances) because your still not 100%plus 60% They do rate the SMC some times when the veteran is not 100%plus 60% under the special circumstance and back then 2009 they rating you wrong in my opinion. And you should have ask them to CUE them self....
if you have not used that as evidence then do so....if they give you a 90% rating or higher along with your 50% that should qualify you for the HB infact ,However I would request the SMC -S Because they never do what there suppose to do and you have to file NOD to make your point...so if you let them know then its a possibility you will be referred to the H.B. infact....by reason of your new evidence.under the special circumstances rule.
I take it that neither of your VA Psychiatrists from 08 to present ever actually completed the Dr's Statement for Housebound status, right?
You listed (3) issues resulting in the 50% back in 09, wasn't the 50% just for PTSD? Depression & the Weed Problem are covered in the PTSD Rating, they're not separate SC's.
You were 50% SC, you're now 100% as of mid 2015. Is that a Scheduler 100% from the Combined SC Ratings or is it an IU Award?
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.
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.
Sorry, but that is incorrect. Here's how this works. Housebound, as defined by a shrink, is immaterial. VA rates you, based on your percentage, for SMC S (Housebound). Once you are rated as 100% disabled for bent brain, the next level of compensation above that is SMC S. Thus, you did not "qualify" for SMC S until you attained the 100% rating. Now that you have it, your SMC S effective date should, by law, be the date they granted the 100% -or May 2015.
SMC is unique. You do not have to file for it. It is paid from the day you can medically prove you qualify for it-even if it is far in the past. Several years after I won my 100%, I also won an additional 60% (and more) retroactive to 1994. VA had to pay me the SMC S all the way back to that filing date.
I have one Vet I'm working with who filed for seizures relating to 16 meds for PTSD in 1989. He finally won in 2013 but filed a NOD for an earlier effective date. VA never finished it back in 89. We'll win, I'm sure, but his effective date will be 1989 when we do.