Homebound

[believe]

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?

[jbasser]

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

[SolInvictus]

J is right as well and I%

[SolInvictus]

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.

[broncovet]

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.

[believe]

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

[broncovet]

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.