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Smc Housebound Examination

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Hi all:

You may know from previous posts that I am TDIU T&P since 2002 for PTSD.

I am a VietNam vet who served during the Easter Offensive of 1972.

When I found out about Bradley v Peake, I filed for Housebound benefits because I am substantially self-restricted to my home.

(Bradley v Peake) allows TDIU vets to be granted SMC Housebound benefits.

Anyway, my question is: What is this VA C&P Psych gonna ask me?

Is Housebound for PTSD not for real?

I mean, their are many other vets in much much worse shape (physically) than me who are truly Housebound.

I feel guilty about even filing for Housebound 'cause I know it is all in my head.

Anyway, I have struggled for years with these agoraphobic symptoms and they are documented for 11 years at my VA Outpatient Clinic.

My point is that I am falling to pieces at the thought of having to discuss my pain with a stranger. I also have to travel 50 miles to this C&P. I don't know if I can go through with this exam.

It would ease my nervousness if i had some idea what he/she is gonna ask me.


Mike S

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  • HadIt.com Elder

This past discussion here at hadit might help you quite a bit:

Also re: Bradley V Peake -the 2010 edition of the VBM (NVLSP) makes this point:

"the effective date of payment for Special Monthly Compensation is not when the issue was specifically raised by the evidence ,but when the evidence first suggested as need for the benefit."

Bradley is a long confusing read.When I get a chance to re=read it maybe I can understand this statement by NVLSP better.

It seems to me they are saying... say a vet is diagnosed and rated with PTSD as TDIU or totally disabling -with agoraphobia as consequence of the PTSD in the Axis stuff.

Say the vet gets the PTSD decision in Sept 2009 and the decision grants the total comp award but fails to consider or infer SMC.

Say the vet NODS this under Bradley asking for SMC "S" as well as an EED back to date of the claim OR-better yet- to when the initial agoraphobia diagnosis was made.

The date the evidence first suggested "need" fo SMC could be a very favorable date that seems here not to be regarding the date the claim was filed. ??

Any comments on that?

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My question is if a vet is TDIU for one disability and has over 60% for other disabilites then what kind of claim does he make for SMC housebound? He should not have to have a C&P exam because this is a statutory benefit according to Bradley v Peake. The VA should infer housebound SMC for me without me having to go through claims process. Do I just request Housebound and remind them of Bradley v Peake. If I know the St. Petersburg VARO I will get a denial in a hurry or they will fit me up for a C&P exam. I am not going for any more mental C&P exams.

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  • HadIt.com Elder

I had the SMC exam about 3 years ago. The examiner was quite thorough asked a lot of questions mostly dealing with what my days were like. How much I was able to do and how I was able to get out. He made me walk up and down the hallway. All in all spent over 45 minutes with him and 6 weeks later I got SMC but not with Bradley v Peake decision but effective date of when I filed which most of the time is ok with me.

Since I was awarded 100% P&T with a diagnosis of Acrophobia I may ask for a CUE back to 1993 and possibly 1991 when I originally filed my claim

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I have Aid & Attendance, but only because I filed an appeal after getting housebound. I did not have a C/P exam because my VA PCP completed the examination worksheet, and wrote a letter say I need it prior to me filing my claim.

Now I am rated 100% plus 60% so I get A&A at the L 1/2 rate.. but

I also have a cue claim in for Housebound that was not awarded but should have been awarded when I received TDIU for my back injury and later received a 60% raring fo rmy lungs... I claimed this under Bradley V Peake , va hasn't

even acknowledged the claim.. so it will be interesting what will happen.. IF It is awarded and it should be , that is about $19K that will be back pay....

Edited by Teac
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