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Housebound


Pete53

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  • HadIt.com Elder

For those who have watched me post about Housebound and the effective date please bare with me a little more or pass over.

In effect when I filed and was granted HB Benefits effective December 2006 I proved to myself that I was entitled to the benefits. As my good Hadit Friend John and I have posted back and forth for probably 8 or 9 years I should have applied a long time ago.

I was Service Connected 100% P&T for Panic Disorder with Agoraphobia. I was diagnosed for agoraphobia when I was awarded the Service Connection in 1996 effective Sept 1993.

I have a DRO meeting on Oct 12 in Waco cause I asked for it. So far my Service Officer has been useless and I would not have HB if I listened to him anyway. I specifically asked the DRO in writing to explain why I was not awarded HB in 1996 as I believe that it is statutory for 100% awards with Agoraphobia or someone with 60% other ratings?

I am really fuzzy on exactly how I am going to handle the meeting and of course I am already getting very nervous about it. I have already made reservations for a hotel the night before and told my family not to bother me when I am in the computer room.

Any suggestions would be most appreciated. As most of you know I am no expert on the nuts and bolts of VA Regs just someone with a general knowledge and the desire to be supportive of Veterans who are fighting the VA.

My plans are to print out the CFR Regs for Housebound and also the regulations for the VARO to consider when granting 100% and anything else that may help. I have no confidence that the SO I will meet a few minutes before the Hearing will have a clue.

I know that I have to be precise and this will probably be my last chance at this apple.

Thanks for putting up with me.

Pete

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I've never seen a HB regulation that specifically states that agoraphobia = HB, but, obviously, agoraphobia meets the criteria for HB and should have been considered. Maybe a failure to assist angle might help? There are folks here who are better at the regs than I, but it sounds like you have a solid argument.

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  • HadIt.com Elder

What my thinking is is that you should have been at least considered for HB when you were orignially rated 100%. You were recently granted HB and nothing has changed since 1996 in your condition. The VA erred when they did not consider you for HB to begin with since you had agoraphobia which is the definition of housebound. I know of another vet who got HB for agoraphobia so it is not unique to your claim, Pete. If you don't win this thing at the DRO maybe it may have to go to the BVA but the facts are there.

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  • HadIt.com Elder

Peter, when a schedular award of 100% is awarded for a psychiatric condition the VA is "required" to consider HB and failure to do so leaves that issue open retro to the date of the schedular award. If they awarded you HB at a later date I'd look to a CUE for an EED. They owe you!!!!!! I see two choices, either appeal should the DRO deny or if you want to settle quickly, offer a compromise of a lesser date. jmo

pr

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  • HadIt.com Elder

Pete,

Knowledge of the VA I am lacking, but I can offer you my support and prayers as you pursuit what is rightfully yours.

Remember, you have the greater Power of God with you, as you prepare and enter the room of the DRO.

God Bless,

Josephine

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  • HadIt.com Elder

I appreciate the comments from all.

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Pete you are correct-SMC (to include HB or A&A) is an inferred issue that generates the "S" award -at very least-when a vet gets 100% SC.I dont know if you have read my posts as to my SMC CUE claim-there should be something there to help you-M21-1 Part VI March 19, 2004Change 113 3.09 Issue and 3.10 Inferred issuesThe VA knows full well that they should consider SMC as aninferred issue in all cases that show medical evidence of entitlement.NVLSP states this quite clearly in the VBM -it is on page 350 of the 2007 edition of the VBM."The VA adjudications Procedures Manual M21-1MR MANDATES that VA adjudicators consider entitlement to special monthly compensation as an inferred issue." They go on to say that entitlement for SMC is to be considered in ALL cases where the medical evidence warrants it.They also cite Akles V Derwinski q Vet App (1991) and also M21-1MR Part III subpart IV 6.B. 3.If I were you I sure would fight this- if the decision is final you have to raise this as a CUE claim and it is exactly like mine. http://209.85.165.104/custom?q=cache:DC0lK...326217334650925100% SC plus 60% independent SC equals SMC100% SC plus evidence of HB certainly equals SMC as the "S" award.You can use their regs against them on this-Pete you are correct-SMC (to include HB or A&A) is an inferred issue that generates the "S" award -at very least-when a vet gets 100% SC.

The VA had the outrageous audacity to tell me my husband was not eligible for SMC consideration under any circumstances.

I think they believed -if you kill a vet they dont have to get SMC consideration.

They committed a CUE and I am fighting them on that with lots of VA case law.

I already told them to forget awarding "S" as accrued- I want R-1 based on the medical evidence.

Edited by Berta
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  • HadIt.com Elder

Berta:

I wish you well on your claim. As I am sure your are well aware although money is involved the main thing is to get the damn VA to do it right. Also if you butt your head against the wall and fight it may help other Veterans down the road.

On this issue the pathetic SO's I am dealing with are almost a bigger problem than the VA. How someone can say ignorant and uninformed things to a Veteran regarding a claim that they are supposed to be helping on and not even have the courtesy to look up the regulations baffles me.

Sometimes it looks like nit picking but it is oh so much more than that. If I win this claim I plan to make a modest donation to Hadit and give my Grandchildren some money to go to a good college on.

I figure that between the eff for HB and also the eff for the date I applied for Dervice Connection I have over $ 70,000 on the table'

I just got a form letter from my SO in Waco asking me to sign the paper on whether or not I will attend the Hearing Date with the wrong date on it. Damn what incompetents.

Pete

PS I called and checked and it seems that the VARO scheduled my hearing for when my Service Officer was off so they changed it and did not notify me.

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I couldn't find a single SO in the state of Delaware that would help me file for A&A for my wife's PTSD. Some of them were down right vulgar and said, "you should be happy with what you have....don't be an Ahole".

In the end, I filed for A&A myself and won the claim without an issue....so much for the VA and all of the SOs saying PTSD does not qualify for A&A:-(

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I too am sick of the lousy representation that well paid reps give to claimants.

Any vet or widow can file a complaint with General COunsel under 38 USC Section 14.633:

http://frwebgate.access.gpo.gov/cgi-bin/ge...8&TYPE=TEXT

if a vet rep fails to prosecute your claim or gives crappy advise-

I have my complaint ready with significant document- from my POA themselves-that shows they dont have a clue-

and have made it crystal clear to them that this will be in the mail if they screw up one more time.

Luckily all of my documentation is hard copy-

except one phone call from them regarding a DRO conference one rep had with my DRO.

The SSOC the DRO prepared after this conference proves he lied to me on the phone.

I have 2 letters I received from their director and countless emails that will prove to the GC they don't know what they are doing. I have witnesses also regarding some matters in my regard and also I am naming a WWII vet who they intimidated and I had to aggressively intervene on that.I have documented proof of all that too.

The reg above shows what the GC can do if the complaint is valid.

I am overwhelmed these days but if I get a break I might just go ahead and send in this complaint anyhow-

why wait for another screw up-

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  • HadIt.com Elder

What gets me the most is that they sit in front usually avoiding eye contact and just spout off erroneous advice like they are the end all be all experts. Usually turning a Veteran down a false trail and cheating their client. When you go into a bloated SO Office with 5 or more Reps one would think

My advice is simple and I do think that you should use a VSO cause when you go to a Hearing they do have s spiel more or less canned that covers a lot of bases that preserve rights to appeal and submit evidence but have your ammo ready and by all means present your case after the SO does theirs. I have had 3 Hearings and headed for my fourth and the usual is that the SO has no idea what you are trying to do and they are woefully unprepared for the hearing having not even reviewed your claim before you start. Meet you in the Lobby and walk to the Hearing room and bang there you are. I was a consultant for years and I always prepared for Hearings and am shocked at how unprofessional and pitiful you are represneted at a Hearing as important as they are to your claim.

My experience at all my Hearings so far is the VARO Hearing Officer has helped more than any SO that I took in there with me. I do recommend that you have one though.

I apologize for the rant in advance and I feel so much better now.

Pete

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