Claim For Increase Is "in Establishment"

[AimHigh1986]

My recent claim for increase (I submitted a 21-4138 to notify them of payment calculation errors/omissions in their 26 Feb 10 decision) was received by the VA on 11 Mar 10 and is currently "in establishment". Anybody know what "in establishment" means?

[Berta]

gee that is new VA lingo for me-

Forget if I asked before- with 80-% now-are you still employed or have you requested TDIU wth the 4138 ?

[AimHigh1986]

gee that is new VA lingo for me-

Forget if I asked before- with 80-% now-are you still employed or have you requested TDIU wth the 4138 ?

Still employed for now. Taking it day by day. I haven't requested TDIU. On the 4138 I only requested the 3rd month of temp 100% that they omitted. I also claimed SMC "s" for being statutory housebound during the 3 months I was temp 100% after my bypass surgery.

[AimHigh1986]

The VA rep probably meant to say "in development" instead of "in establishment".

[Philip Rogers]

Sorry, but I doubt you'll get housebound because part of the requirement is that it be, more or less, permanent. jmo

pr

Still employed for now. Taking it day by day. I haven't requested TDIU. On the 4138 I only requested the 3rd month of temp 100% that they omitted. I also claimed SMC "s" for being statutory housebound during the 3 months I was temp 100% after my bypass surgery.

[AimHigh1986]

Sorry, but I doubt you'll get housebound because part of the requirement is that it be, more or less, permanent. jmo

pr

Not exactly. There are two options:

For reference, it's 38 CFR 3.350(i)

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114 ( s ). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

I would qualify under Option 1, which we call "statutory housebound" because Option 2 is "housebound in fact."

[Philip Rogers]

Okay, but I wouldn't call it "statutory housebound," but would called it total plus 60%. You can have the 100+60 and not be housebound so, "to me," it just confuses the issue. jmo

pr

Not exactly. There are two options:

For reference, it's 38 CFR 3.350(i)

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114 ( s ). The special monthly compensation provided by 38 U.S.C. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and,

(1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or

(2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.

I would qualify under Option 1, which we call "statutory housebound" because Option 2 is "housebound in fact."