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Explain the SMC requirement

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Does anyone know, from my ratings below (ALL Effective back to my retirement, 9September '14) if I qualify?  Also, I only leave my house once or twice a week for counseling and doctor visits, so Homebound or not?

 

  Ratings:

post-traumatic stress disorder (also claimed as adjustment disorder) 70%

obstructive sleep apnea 50%

sinusitis (claimed as chronic pansinusitis) 50%

headache syndrome to include occipital neuralgia (claimed as migraine headaches and occipital nerve impingement) 30%

status post cervical vertebral fusion C4-C6 to include myofascial pain syndrome (claimed as herniated disc (c5-c6) left, cervical spondylosis) 20%

carpal tunnel syndrome, right upper extremity to include lower radicular group and cubital tunnel syndrome post excision of arteriovenous malformation (also claimed as peripheral nerve injury shoulder, neuritis median nerve right arm) 20%

degenerative arthritis of the spine to include lumbago, lumbar spondylosis and myofascial pain syndrome (claimed as lumbar bulging disc l4-l5) 10%

seborrheic dermatitis 10%

left peroneal neuropathy (claimed as deep peroneal nerve atrophy) 10%

varicose veins, right lower extremity (also claimed as venous reflux disease) 10%

varicose veins, left lower extremity (also claimed as venous reflux disease) 10%

carpal metacarpal arthritis, right hand (claimed as osteoarthritis right hand) 0%

vasomotor rhinitis (also claimed as nasal polyps) 0%

radiculopathy, left upper extremity 0%

lliotibial band friction syndrome, right thigh 0%

ganglion cyst, left wrist (claimed as ganglion left/right wrist) 0%

meralgia paresthetica, right lower extremity 0%

 

Edited by TALON II FE
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On 11/8/2015 at 4:36 PM, bionoce said:

If you cannot leave your house to work because you are TDIU, you are housebound and "substantially confined" to your immediate premises as defined by Congress. Plain and simple.

Can you please show me where this definition is to attach to my claim for housebound? 

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  • Moderator

Seminoles:  

   Congress intended for Veterans to be housebound not when they cant leave the house AT ALL, but rather they can not leave it FOR WORK.  Its explained in Howell vs Nicholson

here:

http://asknod.org/2014/08/25/cavc-howell-v-nicholson-what-smc-s-really-says/

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Exactly. I have yet to put this claim in out of fear getting insanely aggravated with the VA again. I don't leave the apartment much anymore. I might be "housebound in fact" at this point.

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  • 9 months later...

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (s) and 38 CFR 3.350(i) on account of dizziness and lightheadedness, residuals of traumatic brain injury with cognitive disorder, short term memory losses/lapses, difficulty sleeping, problem solving
with PTSD (to include cerebral contusion with diffuse axonal injury to bilateral frontal and temporal lobes) a single disability upon which a total individual unemployability rating is based and additional service-connected disabilities of tinnitus, scar tracheostomy due to ventilator dependence, left shoulder impingement syndrome with supraspinatus tendinitis (claimed as dislocation of left shoulder with popping), right foot strain (claimed as right foot contusion), independently ratable at 60 percent or more from 11/11/2016. 
Can someone tell me exactly what SMC I was granted I just saw granted lawyer gave me the letter on his computer but it hasn't been mailed out yet driving me crazy?

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