MikeS

I'm not sure what level my appeal would be at. I filed a claim at the Philadelphia RO. It was denied. I have 1 year to appeal. What level would I be at?? Thanks. Mike S.

Hi all: In my original claim for SMC Housebound, I did not mention how the effects of the VA medications help to keep me housebound. Can I bring this up on appeal? Would this be an error on their part because they should know the effects of my meds? Or, would this be considered new evidence? Any thoughts? Thanks, Mike S.

Also, a statement from the gym won't work because the VARO could say that that would only prove that I no longer go to that particular gym. Thanks, Mike S.

What about the new Progress Note from my VA Doc saying that I am self-isolated and have not been in a gym for a year and a half? How do I add that to an NOD? Thanks, Mike S.

Got it! Thanks

That's pretty interesting that you say that. I was thinking of attacking their definitions of "substantially confined" and "permanently housebound" in my NOD. Thanks.

Thanks.

No. It's 100% ptsd with panic disorder with agoraphobia and depression.

Hi all: I posted about my case before, but I am now ready to appeal. Housebound denied because I keep my VA medical appointments. Also, housebound denied because a recent Progress Note said that I go to a gym. 1. Does keeping VA medical appointments disqualify me from the housebound benefit? 2. The Progress Note that the VA claims person referred to does not say that I go to a gym. My VA Doc was simply describing the mental and physical difficulties that happen to me when I "used" to go to a gym once in a while over a year before the date of this Progress Note. I told my VA Doc about his misinterpreted Progress Note. He made a new Progress Note explaining that I had not gone to a gym in a year and a half, and that I stay isolated. He also wrote that it became a financial burden for me to buy a home a few blocks from the VA outpatient clinic. He also noted that I moved so close to the VA because being out in public has become so horribly difficult for me. Is this new Progress Note considered new material? Any thoughts? Mikes 100% ptsd, panic disorder with agoraphobia

You guys are the BEST. Because of you ALL, I learn so much!! Thank you all, Mike S.

Hi all: Since 'm the one who asked about reconsideration vs NOD, let me tell you how I am dealing with it. First, I submitted a "express revocation" of my participation in the ECA at the Philly VAROIC in order to retain my right to one year time limit for an NOD instead of the 60 day limit as a ECA participant. Then, I began the process of having a Progress Report "explained" in writing to the VAROIC to show that I am housebound. My VA PTSD Doc innocently made a grammatical error in one Progress Report and that cost me an approval for SMC Housebound. Finally, once I have my VA PTSD Doc's correction in my hands I will file an NOD simply because I just don't trust going the Reconsideration route. (aka a real bad feeling in my gut) Word of warning: NEVER... EVER....EVER waive any of your rights for the "promise" of a "quicker claim process". (just my biased opinion) Thank you all, Mike S.

Hi all: Thank you all for your posts. My Service Officer suggested that I get a letter from my VA PTSD Doc to explain a statement that he made in a recent Progress Note. My claim for Housebound was denied because "you go to a gym" as noted in a recent Progress Report. I have that Progress Report. My VA PTSD Doc was simply using my previous attempts at trying to go into public (a gym) that ended in major panic attack as an example of what happens when I try to follow my VA PTSD Doc's treatment suggestions. The VARO claims person misunderstood (maybe on purpose?). So, my Service Officer wants me to get a letter of clarification from my VA PTSD Doc. He said that he would submit that letter for reconsideration and that I should have a decision in 90 days. But.............I signed up for an Expedited Claim Adjudication Initiative. Now I only have 60 days for an NOD or new evidence instead of 1 year. I can probably get the letter but I think that the clock on my NOD keeps on ticking. As always, any suggestions would be greatly appreciated. Mike S.

Hi all: What is the difference between a NOD and a Decision Reconsideration? Mike S.

It looks like there are as many "interpretations" of Housebound as there are ROs! My God! Just think about the veterans (probably tens of thousands) who are not able to (try) to work their way through the VBA to get what is rightfully theirs like we all can (try)! Thanks, Mike S.

They also said that I admitted to going to the store once a month and that I try to go to a gym. Neither is true and refers to the past where I failed to go to the store "without incident" with my wife once a month and I failed to go to the gym (2 years ago) "without incident". It looks like my RO sees no correlation between "agoraphobia" and "housebound". Gotta write up a real "legal" NOD. Thanks, Mike S.

Berta: The rules for Housebound as they would apply to PTSD are very vague to me. Is it unusual for a veteran with PTSD to apply for SMC Housebound? Besides "Hartness", are there any other cases that I could use in my NOD? Thanks, Mike S.

Berta: I did not miss any appointments. They denied SMC Housebound because I "do" make my doctor's appointments. Is that legal?? Thanks, Mike S.

Berta: No cases were referenced in their denial of Housebound. Thanks, Mike S.

Hi all: Is there a VA regulation that states that keeping your VA appointments is not a reason to deny SMC Housebound benefits? Thanks MikeS

Hi all: I had posts yesterday on a denial of Housebound benefits. I just noticed that the CRNP who did an A&A Housebound exam had a question at the very end of her report. It states: "WAS A MEDICAL OPINION REQUESTED? No. What does this mean? Does it mean that the VARO did not want her to give them a medical opinion as to whether or not I am Housebound? Any thoughts?

There is an exam sheet that she used but the problem is that it is primarily an Aid & Assistance worksheet. The only Housebound question is question #33 out of 34 questions on VA Form 21-2680. It states: "Describe how often per day or week and under what circumstance the claimant is able to leave the home or premises". The nurse did explain that I have a real problem leaving my home but she did not commit to saying that I am Housebound. She did not say that I wasn't either.

Pete: I was thinking the same thing about a DRO. It seems to me that the nurse was more qualified to perform an A&A for veterans with physical disabilities than with veterans with PTSD. Which leads me to another problem that I have with a Housebound C&P. I came away from the C&P feeling guilty because I do not have physical disabilities and feeling badf for all the vets who are physically disabled. I really do not know who should do a Housebound C&P for vets with severe PTSD. Thanks, MikeS

One other thing: The rating decision ignored a vital part of my Statement in Support of Claim. I wrote that I had moved to within 1 mile of the VAOPC so that I could more easily make my appointments. I wrote that I bought a small old house as close to the VAOPC as I could find. I also wrote that the move put my wife and I into debt and added more monthly costs because we moved from an apartment where we paid no taxes, no water, no sewage, and we did not have to pay for anything that broke. Frustrating! Thanks. Mike S.

Thanks for the input. I have been DX'd with Panic Disorder with Agoraphobia by the C&P examiner, my VA PTSD Doc, and my VA psychiatrist. No IMO.