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Confusing Decision

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MikeS

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Hi all:

I just received a letter from my service officer about the decision on my claim for SMC Housebound.

I work my claims myself but I submit them through a service officer whose office is in my RO.

I have not yet received the official decision from the VA, but I thought that I would throw this out to you all to see what you think.

I was 70% PTSD TDIU T&P when I filed for SMC Housebound last August.

"A combined evaluation of 100% has been assigned as a result of the following actions:

1. Evaluation of PTSD with Panic Disorder with Agoraphobia and Depressive Disorder which is currently 70% disabling is increased to 100%, effective August 1, 2010.

2. Entitlement to Special Monthly Compensation based on the need for aid and assistance or being housebound due to service connected disability is denied."

I will know more when I can read the VA's reason and basis, but for now I can't figure out how they can deny Housebound but approve Panic Disorder with Agoraphobia.

Even though I don't log in, I do read HADIT and learn from you all every day for the past 8 years.

Your response to my situation will be greatly appreciated.

Thank you.

P.S.: If it were not for the posts from Berta and Flip, I would still be on the streets (or worse).

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  • HadIt.com Elder

Hi Mike - nice to se ya back but sorry it's under those circumstances. Hope life is being good to ya! They do it because they can. Sorry but that's about it. What you'll probably need to do is get an IMO showing how you are HB and/or need A&A. I've been battling that one, myself, for yrs. Do you have other SC disabilities that could qualify you for SMC "s" via the 100+60 route?? I ask because they used the word "combined."

pr (aka:Flip)

Hi all:

I just received a letter from my service officer about the decision on my claim for SMC Housebound.

I work my claims myself but I submit them through a service officer whose office is in my RO.

I have not yet received the official decision from the VA, but I thought that I would throw this out to you all to see what you think.

I was 70% PTSD TDIU T&P when I filed for SMC Housebound last August.

"A combined evaluation of 100% has been assigned as a result of the following actions:

1. Evaluation of PTSD with Panic Disorder with Agoraphobia and Depressive Disorder which is currently 70% disabling is increased to 100%, effective August 1, 2010.

2. Entitlement to Special Monthly Compensation based on the need for aid and assistance or being housebound due to service connected disability is denied."

I will know more when I can read the VA's reason and basis, but for now I can't figure out how they can deny Housebound but approve Panic Disorder with Agoraphobia.

Even though I don't log in, I do read HADIT and learn from you all every day for the past 8 years.

Your response to my situation will be greatly appreciated.

Thank you.

P.S.: If it were not for the posts from Berta and Flip, I would still be on the streets (or worse).

Edited by Philip Rogers
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  • HadIt.com Elder

Hi Mike. It looks like they slipped the issue by increasing you to 100 percent schedular.

Agoraphobia alone should make you entitled to SMC S. You need to NOD this one and have it re considered. You may even have to get it out of the RO and to the BVA. You ahould also get an IMO that states you are housebound by reason of your condition.

John

A Veteran is a person who served this country. Treat them with respect.

A Disabled Veteran is a person who served this country and bears the scars of that service regardless of when or where they served.

Treat them with the upmost respect. I do. Rejection is not a sign of failure. Failure is not an option, Medical opinions and evidence wins claims. Trust in others is a virtue but you take the T out of Trust and you are left with Rust so be wise about who you are dealing with.

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That's the way I've been thinking, PR & John.

I will post Reason and Basis when i get it.

Maybe others can benefit from my situation like I have learned and benefited by theirs.

Thanks.

Mike S.

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About the IMO:

Not sure that I need it.

I've got 4 years worth of Progress Notes from 3 VA Docs who I have been seeing on a regular basis.

They all have been making notes that I am and have been housebound for at least 4 years.

They don't use the word "housebound" all of the time, but they do describe it very accurately.

I actually like my VA docs because they call it like they see it without making me feel bad about my problems out in public.

An IMO might be difficult for a doc who does not know me or does not know veterans.

Any thoughts?

Thanks.

Mike S.

P.S.: I only filed for Housebound because of the 2009 decision of Bradley v Peake.

The last thing that I wanted as another C&P. But, the ptsd and the housebound have made me a prisoner in my own home.

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"I will post Reason and Basis when i get it."

Good Mike. I am baffled as to why they denied the SMC.

"I actually like my VA docs because they call it like they see it without making me feel bad about my problems out in public."

Agoraphobia is probably more common in veterans than we know.

I hope they fully considered the Progress notes but it sounds like they didnt.

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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