believe Posted September 15, 2012 Share Posted September 15, 2012 My C&P exam records show that the doctor listed me as homebound. Do I have to still apply for homebound or could I be awarded that when a decision is made on my claim without ever applying for it? Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted January 22, 2013 HadIt.com Elder Share Posted January 22, 2013 No she doesnt. The VA is wrong they are wrongfully assessing the severity of her condition which could be a cue but it cant be a cue because it is not a final decision. Her condition is 100 percent for agorapoibia. That condition alone traps you into the house as it is a fear of going outside. NOD the decision and state what your condition is and get it to the BVA. You may have to get an attorney. You should win this. J 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. Link to comment Share on other sites More sharing options...
SolInvictus Posted January 22, 2013 Share Posted January 22, 2013 J is right as well and I% An avidity to punish is always dangerous to liberty. It leads men to stretch, to misinterpret and to misapply even the best of laws. He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself.- Thomas Paine. "In reply to the detractors of Thomas Paine claiming he was an infidel and a radical who did nothing but tear down established and hallowed institutions without building up anything valuable in their place, I quote Robert G. Ingersoll in his immortal epitaph to that grand defender of liberty and reason- "Is it nothing to make men wipe the dust from their swollen knees, the tears from their blanched and furrowed cheeks? Is it a small thing to (rid) the heavens of an (insatiable) monster and write upon the eternal dome, glittering with stars, the grand word- FREEDOM ...Is it a small thing to make men truly free- to destroy the dogmas of ignorance, prejudice, and power- the poisoned fables of superstition, and drive from the beautiful face of the earth the fiend of fear?...a few more years- a few more brave men- a few more rays of light, and mankind will venerate the memory of him who said: Any system of religion that shocks the mind of a child cannot be a true system... The world is my country, and to do good my religion". That man is my hero. Link to comment Share on other sites More sharing options...
SolInvictus Posted January 22, 2013 Share Posted January 22, 2013 You really are housebound, precisely what the smc s is intended to compensate so you are right to push for them to correct that denial. Sounds like they're letting the technical requirements get in the way of assisting a vet in real need. Hope I didn't come accross as discouraging you from fighting buddy. You need help and they do make mistakes so keep reminding them. You definitely deserve better and I hope you win. An avidity to punish is always dangerous to liberty. It leads men to stretch, to misinterpret and to misapply even the best of laws. He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent that will reach to himself.- Thomas Paine. "In reply to the detractors of Thomas Paine claiming he was an infidel and a radical who did nothing but tear down established and hallowed institutions without building up anything valuable in their place, I quote Robert G. Ingersoll in his immortal epitaph to that grand defender of liberty and reason- "Is it nothing to make men wipe the dust from their swollen knees, the tears from their blanched and furrowed cheeks? Is it a small thing to (rid) the heavens of an (insatiable) monster and write upon the eternal dome, glittering with stars, the grand word- FREEDOM ...Is it a small thing to make men truly free- to destroy the dogmas of ignorance, prejudice, and power- the poisoned fables of superstition, and drive from the beautiful face of the earth the fiend of fear?...a few more years- a few more brave men- a few more rays of light, and mankind will venerate the memory of him who said: Any system of religion that shocks the mind of a child cannot be a true system... The world is my country, and to do good my religion". That man is my hero. Link to comment Share on other sites More sharing options...
Moderator broncovet Posted January 22, 2013 Moderator Share Posted January 22, 2013 Most of the rest of us have been through appeals. I have. Been to the BVA twice, the DRO twice, and now on to the CAVC. If you have the evidence, and timely appeal, you should eventually win. It sounds like you have both. The VA famously either loses or does not read our evidence. It happens a lot. Just ask Berta how many times she had to appeal because they would not read her evidence. I have the same problem. Hang in there. Link to comment Share on other sites More sharing options...
believe Posted January 22, 2013 Author Share Posted January 22, 2013 (edited) Thanks sollnvictus I know you are truly trying to help. jbasser or whoever else can answer this .. shouldn't I go the DRO route before the BVA? Edited January 22, 2013 by believe Link to comment Share on other sites More sharing options...
Moderator broncovet Posted January 22, 2013 Moderator Share Posted January 22, 2013 The DRO/BVA question is controversial, but most agree that a trip to the DRO gives you another "bite" at the apple. In other words its one more chance you have that a decision maker will decide in your favor. I do not recommend skipping the DRO in most cases, tho I do agree they sometimes just carbon copy the old decision even tho they are not supposed to. I won benefits at the DRO level, if it helps any. Link to comment Share on other sites More sharing options...
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My C&P exam records show that the doctor listed me as homebound. Do I have to still apply for homebound or could I be awarded that when a decision is made on my claim without ever applying for it?
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