Housebound

[Pete53]

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

[Jay Johnson]

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.

[john999]

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.

[Jay Johnson]

BTW, my wife has HB for agoraphobia as well.....

[Philip Rogers]

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

[Josephine]

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

[Pete53]

I appreciate the comments from all.