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...
believe Posted September 22, 2012 Author Share Posted September 22, 2012 (edited) I guess I could have typed the 2-3 pages worth of personal notes the doctor wrote himself. So me saying obvious was wrong to do. Sorry. Some others said I should send in a NOD with the partial information that I provided. Sorry I thought the information I provided was enough for you all to say yes I have a case for SMC-S. Pete53 makes it seem like I should ask for it. If I get it or don't, I will update this thread. Thanks for all of the help on this thread. 1 other thing I didnt mention. I have had this condition for almost 10 years which is stated in my records. So I waited a long time before I applied for compensation. Edited September 22, 2012 by believe Link to comment Share on other sites More sharing options...
carlie Posted September 22, 2012 Share Posted September 22, 2012 I guess I could have typed the 2-3 pages worth of personal notes the doctor wrote himself. So me saying obvious was wrong to do. Sorry. Some others said I should send in a NOD with the partial information that I provided. Sorry I thought the information I provided was enough for you all to say yes I have a case for SMC-S. Pete53 makes it seem like I should ask for it. If I get it or don't, I will update this thread. Thanks for all of the help on this thread. 1 other thing I didnt mention. I have had this condition for almost 10 years which is stated in my records. So I waited a long time before I applied for compensation. Hey - please don't get me wrong here - you can submit a claim for ANYTHING, it's just that with the basics you posted - I personally don't see SMC/S happening. You want to request SMC/S then request it. But another thing to consider is that if your decision does not state SMC/S or housebound is denied - then you wouldn't file a NOD on the issue. A NOD is filed on an issue that has been adjudicated. You would request an increase in benefits to include housebound or SMC/S and be sure to have the correct medical documentation to support the claim. JMHO Link to comment Share on other sites More sharing options...
Moderator broncovet Posted September 22, 2012 Moderator Share Posted September 22, 2012 (edited) I am including the cfrs for smc and housebound, with my highlights, noting that you need not meet the "100 plus 60" criteria if you meet the "or" criteria, highlighted in bold, below. In other words, if your doc says you meet the criteria for housebound, below, then you are housebound: Title 38 - Pensions, Bonuses, and Veterans' Relief Volume: 1Date: 2008-07-01Original Date: 2008-07-01Title: Section 3.350 - Special monthly compensation ratings.Context: Title 38 - Pensions, Bonuses, and Veterans' Relief. CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS. PART 3 - ADJUDICATION. Subpart A - Pension, Compensation, and Dependency and Indemnity Compensation. - Ratings for Special Purposes. § 3.350 ). 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. [26 FR 1587, Feb. 24, 1961, as amended at 27 FR 4739, May 18, 1962; 28 FR 1587, Feb. 20, 1963; 28 FR 5671, June 11, 1963; 40 FR 54245, Nov. 21, 1975; 45 FR 25392, Apr. 15, 1980; 46 FR 47541, Sept. 29, 1981; 48 FR 41161, Sept. 14, 1983; 49 FR 47003, Nov. 30, 1984; 54 FR 34981, Aug. 23, 1989; 60 FR 12886, Mar. 9, 1995; 67 FR 6873, Feb. 14, 2002; 68 FR 55467, Sept. 26, 2003] Edited September 22, 2012 by broncovet Link to comment Share on other sites More sharing options...
believe Posted September 22, 2012 Author Share Posted September 22, 2012 Hey - please don't get me wrong here - you can submit a claim for ANYTHING, it's just that with the basics you posted - I personally don't see SMC/S happening. You want to request SMC/S then request it. But another thing to consider is that if your decision does not state SMC/S or housebound is denied - then you wouldn't file a NOD on the issue. A NOD is filed on an issue that has been adjudicated. You would request an increase in benefits to include housebound or SMC/S and be sure to have the correct medical documentation to support the claim. JMHO I already submitted the NOD. The letter was a NOD and a request for increase. What should I do now? Link to comment Share on other sites More sharing options...
Moderator broncovet Posted September 22, 2012 Moderator Share Posted September 22, 2012 (edited) After you submit a NOD, the ball is in the VA's court. Carlie is right in that it would be fruitless to appeal if you dont have the evidence. If you do have a docs statement, or can get one, then you are justified in persuing your appeal. It will delay your appeal if you do not specify whether you want a DRO or not, and whether or not you want a hearing. They will likely send you a letter and ask you if you want to appeal via the traditional method (BVA) or if you want to appeal via a Decision Review Officer, and whether or not you want a hearing. If you specified in your NOD that you elect a DRO review, then a Decision Review Officer will redo your case and he is supposed to either "grant your benefit" or send you a Statement of the CAse. A SOC means you have been denied again. If you get the SOC, then you have 60 days to file an "I9" to "perfect" your appeal before it will normally be certified to the BVA (Board of Veterans Appeals). There the BVA will decide if you are granted your benefit, denied it, or if it is "remanded". Right now, you wait, and you will be doing lots of that. Edited September 22, 2012 by broncovet Link to comment Share on other sites More sharing options...
Moderator broncovet Posted September 22, 2012 Moderator Share Posted September 22, 2012 I will add that, if you have evidence of housebound, and the VARO decision failed to adjuticate (your eiligibility for SMC) then your remedy is to file a NOD, because SMC is "inferred" automatically, and when the RO neglects to "infer" it, you can file a NOD. 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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