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deemac76

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About deemac76

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    E-3 Seaman

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  • Military Rank
    E-4

Previous Fields

  • Service Connected Disability
    100%
  • Branch of Service
    USN

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  1. Yeah I've read that article and even enjoyed the knowledge on the radio show episode Asknod had speaking about how the way the VA/VSOs looks at SMC HB. Now I got to get my VSO to submit with the right paperwork with the right language to get it approved. I guess once approved it would retro back to my effective date when I became unable to work right?
  2. Thanks broncovet I'll go see my VSO again this week and let him know that I would like to persue SMC S HB "in fact" based on SC'd conditions and not being able to "earn a income". Per M21-1MR. Maybe a c&p wont be necessary like you say when they see that I meet the qualifications for HB in fact.
  3. Ok gotcha. I understand but your knowledge and insite is very much appreciated. I looked over my award letter and the VA knew that wasn't able to work. Originally I was IU and I filed a for a increase after being deemed untrainable so they increased me to 100% schedular, so they have to know I'm unable to work don't they? So I guess a CUE would be in order based off their own regs, even though it was been recently updated with the new language with emphasis on "not being able to leave the home to earn income".
  4. Yeah that's the way I see it as well. With all that being said should I file a cue for it or file a claim for it since my award date was 2012 but effective date 2010? Being that I'm 100% P&T will it be like a normal claims process? (i.e. C&P) or since it's a special entitlement they would just look at the rating decision? Thanks again Buck52!!
  5. Buck52 I think based on my award letter, the VA looked at SMC since I was being rated at 100% but only on a statutory level cause they mentioned it but not the HB "in fact" based on severity and/or condition since they didn't mention it I would guess. Since I have been researching cases and VA laws on SMC HB I've seen all different variations of how it is entitled of than the statutory way. The VA says "substantially confined" whereas Congress says "unable to earn a income". I've look over the M21-1 and it seems they've been updated it and I noticed this today. A housebound in fact determination requires a Veteran’s inability to leave his /her place of residence and immediate premises in order to earn any income. However, it does not require a total inability to leave the place of residence and immediate premises for all circumstances. Leaving home for medical purposes cannot, by itself, serve as the basis for finding that a Veteran is not substantially confined for purposes of SMC housebound benefits. The limitations must be the result of the Veteran’s SC disabilities. Non-medical indicators of housebound status may include but are not limited to inability to walk substantial distances leaving the home with assistance only occasionally for appointments grocery shopping, or church, or inability to mow one’s lawn.
  6. Yeah john999 that's what I thought when I heard about SMC HB a month or so ago. When I got my rating back in 2012 I was glad it was over because what I went thru to get it and wasn't informed that me being housebound has some other type of compensation. Not being greedy or nothing but it's difficult not being able to get out and enjoy yourself without being in fear of being out. My VSO looked at me like you're here then they won't give you HB, but I told him look up Agoraphobia and tell me what it means to you. So at this point I don't know what to do, the consensus seems to be don't rock the boat. I think my medical records speaks for itself and I should be fine. I'm being treated for severe migraines and a nexus have been established between them and my anxiety disorder. I wonder if I have to file a claim I might as well put in that in too secondary to my MH. Based on my records getting the highest rating looks pretty good and that would give me statutory HB anyway along with my other SC'd ratings. Thanks for your reply.
  7. Greetings Vets!! I'm rated 100% P&T for MH and other physicals disabilities and haven't worked in 8 years. I was on IU before and after being deemed unable to be retrained via voc rehab and also a ssd approval, I was increased to P&T. I just recently was informed about smc (s) from another vet with similar issues and not working as well. I checked over my award letter and it basically stated that I didn't qualify for statutory entitlement but that was all. I asked my VSO about it and he stated even though I'm not working and I only get out for appointments that I wouldn't get smc (s) due to the way the VA looks at the entitlement. He gave me the link to 38 CFR 3.350 (i)(2) and he said this what the VA goes by, but I also looked up M21-1MR, Part 4, Subpart 2, Chapter 2, Section H (10)(B) and (F) and it states that HB "in fact" is determined if a Vet can't earn a income. So basically which VA reg determines the entitlement? I think my SC'd rating in itself should being considered originally (Panic Disorder w/Agoraphobia) but it wasn't. How would one proceed with trying to see if I should be getting this compensation? A CUE or a normal claim for it?
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