ptsd Housebound

[MikeS]

Hi all:

What are the requirements for being housebound when you are TDIU for PTSD?

Is their a form?

Thank you

[john999]

In the case I am thinking of my buddy was 70%TDIU when he applied for HB. They then bumped him up to 100% schedular and granted HB. He did not have a new C&P exam. The VA said the claim for HB was a new claim. I think if they are going to grant HB they will make you 100% first just like if they are going to grant TDIU they will bump you up to 70% and then grant the TDIU. That way they stay within their guidelines so the can cover their asses. This is just what happened in the case I know about personally.

How much is HB in dollars anyway? Is it worth reopening your claim to evaluate you rating? If you are TDIU what do you have to lose since unless you have gotten a job in the meantime all they can say is "NO' housebound. Am I right or wrong?

[Jay Johnson]

In the case I am thinking of my buddy was 70%TDIU when he applied for HB.  They then bumped him up to 100% schedular and granted HB.  He did not have a new C&P exam.  The VA said the claim for HB was a new claim.  I think if they are going to grant HB they will make you 100% first just like if they are going to grant TDIU they will bump you up to 70% and then grant the TDIU.  That way they stay within their guidelines so the can cover their asses.  This is just what happened in the case I know about personally.

How much is HB in dollars anyway?  Is it worth reopening your claim to evaluate you rating?  If you are TDIU what do you have to lose since unless you have gotten a job in the meantime all they can say is "NO' housebound.  Am I right or wrong?

<{POST_SNAPBACK}>

I think the VAROs have come up with a good system...they can take away TDIU at the VARO level even know they completely understand that the BVA will reverse the decision, but what do you do for income in the years it takes to get a BVA decision? Answer - you go to work to cover the huge loss in pay or loose everything..now the VARO has PROOF that you can work and the case will be sent back to the VARO in which new evidence of employability will back up their original claim.

When an organization has NO checks or balances and is not accountable for their actions in any way this type stuff is bound to happen...with that said, some VAROs still have directors with an ounce of integrity and who actually care for veterans, but they seem to be the increasing minority these days.

The question of 100% vs. TDIU is a real one, because in order to be SO disabled that you are agoraphobic the VARO is going to want you to prove that you are completely disabled (IE - 100%). On the other hand, as berta said, you can be considered to be medically agoraphobic, but your symptoms, while in a safe environment (home), are relatively minor...the trouble is proving that you are only 70%ish at home, but 100%+ outside of your home. It's a very fine line to walk and, as I said previously, you will want to have an evaluation in hand before you start this process.

[Patrick428]

In order to be rated for housebound you must have 1 disability rated at 100% and additional disabilities rated at 60%. The 100% rating must be in one etiology. TDIU will not qualify a vet for housebound as IU is set up to meet schedular requirements with combintions of disabilities rated at 70% with one of those disabilities rated at 40%; or one disability rated at 60% in one etiology.

Patrick

[Berta]

Yep- that is for the "S" award- however-there are other SMCs too-

The VBM , page 336, 2005 edition recommends in it's tips to advocates-that- if the evidence warrants it -a vet

with a TDIU rating who also is substanitally confined to his/her premises due to SC disability- should request that 100% schedular with P & T be granted and they suggest in the same claim to ask for Housebound (the "S" award) and attach any medical evidence to support this.

Thus- if the medical evidences warrants 100% P & T-and housebound-then they should grant housebound.

If the vet is TDIU or has 100% for SC and then additional disabilities under Section 1151 at 60% or over- the vet should request either the "S" SMC award- if housebound due to either 1151 or direct SC- and can request an even higher level of SMC under 1151 (with medical evidence)if they are 100% P & T for any direct SC disability- I think-

cannot find the OG Prec op this minute on that-

It is basis of my CUE claim-

Vet had 100% PTSD,

100% disabilities first NSC, than found as due to VA care under Sec. 1151(FTCA )

Vet died at 100% P & T PTSD, posthumous award.

Vet is 100% dead due to VA negligence and piss poor med care.

My CUE is on a final decision that denied the vet SMC regarding his Sec 1151 disabilties.

The VA recent denial which I rebutted with VA case law-they said the vet never filed a Sec 1151 claim and that I did- it failed to consider that I re-opened my husband's Sec 1151 claim-

and his Sec 1151 claim is right in their c file as they copied it 2 years ago with the whole file and sent it to me-

It was a bizarre statement in a very unusual denial-and it is a ploy- that will not work-

Now this CUE has disappeared from the VARO.

Rod also sent his 1151 claim to Pres Clinton and to the VA sec-too- Jesse Brown or Gober -one of them-

in case the VA lost it.

Also they denied a rating CUE. The veteran had heart disease evidenced by VA medical records back to 1988.

Upon FTCA settlement they determined my charges were correct- heart disease, in VA med recs back to Aug 13,1988, which was ever diagnosed and treated and caused/contributed to his death.

They never rated this.They did rate the other 1151 disabilities.

I asked for a reconsideration and clarifications on their decisions.

To overcome Bell if they pull that- I had medical and legal evidence (District Counsel)from the VA in 1995 that agreed with my 1151 and FTCA claim-I had proven the claim to district counsel in 3 months.No IMO.

The MF (mysterious force) removed this evidence from 1995 to 1998 and then like a dope- the MF put it back- they never dreamed I would re-open the death claim.

I told them to Subpeona a VA district attorney and a VA Doctor or their computers- if they dont believe me- and of course,

this evidence is here and in the c file and now they have to "hide " it again.

VA Central Office Med team, in 1997 determined that all of my charges in my re-open of Rod's claim were correct except the affect of the med error-that was what he should have been on all along- he got another vets meds-and all of these "deviations" as they said -"hastened" the veteran's death. Most specifically ,per VACO,the heart disease,dating back to 1988 than covered up again in 1992.

sorry for getting off the track- the point is--

If you get 100% "as if SC" under 1151 you should also be eligible for SMC under 1151 if the medical evidence supports that.

VA case law does not prohibit that.

[john999]

I was looking at the letter my IMO doctor sent the VA when I got TDIU. There was specific references in that letter to housebound status. I should have got 100% plus housebound. Here is another inferred clailm the VA just ignored. My doctor also said ED due to the psychiatric medications I was taking. This letter was written in 2002. Two inferred disabilities in one letter. I still only got 70%. This could be CUE from what I read in the VBM.

[Philip Rogers]

In order to be rated for housebound you must have 1 disability rated at 100% and additional disabilities rated at 60%. The 100% rating must be in one etiology. TDIU will not qualify a vet for housebound as IU is set up to meet schedular requirements with combintions of disabilities rated at 70% with one of those disabilities rated at 40%; or one disability rated at 60% in one etiology.

Patrick

When a claimant is awarded 100% schedular, for PTSD, housebound becomes an inferred issue, which must be decided at that time, so the 100% + 60% requirement is not required.