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?

[believe]

Another question :-/ I was awarded 100% after I sent the NOD on my initial PTSD and agoraphobia claim but as I said that DRO stated that I was likely to improve. I did not have in a claim for permanent at that time although I had submitted strong medical evidence from my doctor who is treating me and from the C&P exam which indicates the severity of my condition that is unremitting. Stronger evidence that I am permanent was submitted after my housebound and permanent claim.

With this new claim for housebound and permanent which I was denied for .. do I NOD this recent claim denied for permanent or do I first (if I can) NOD the DRO who said I was likely to improve? Again, the DRO claim decision of 100% and likely to improve, was based from a NOD so I don't even know if I can NOD that

[carlie]

Thanks man. The extra income would be nice but I'm more worried about having another exam. I would be satisfied if I didn't have to go to another exam and also not get housebound pay benefits.

I just don't understand though. What constitutes housebound and permanent? The DRO decision that I was 100% and likely to improve is not based on the new evidence I submitted with my housebound claim.

I have had this condition for over 10 years. My psychologist who's been treating me for a couple years, states that my condition is permanent which is new evidence and the C&P doctor states I'm housebound.

Maybe I will reread this thread but from what I thought I understood, I would qualify without the 100% plus 60% because I am in-fact housebound.

Oh yea .. if I had a choice of choosing between this 100% pay and having a normal life where Im able to go in public .. no doubt about it I will choose having a normal life. I literally never go in public around people.

Here's the BVA search link for your continued research.

Keep in mind these decisions do not set precedence.

You can learn as much from denials as grants.

Hope this helps a vet.

http://www.index.va.gov/search/va/bva.html

[believe]

Update: DRO denied me again for HB putting emphasis on "permanently housebound". Although medical evidence supports Ive had this condition for over 12 years, my VA examiner did not say I am or am not permanent. If I have to have evidence to support permanent housebound, I guess it will be a little harder to get HB because my examiner did not mention permanent. The doctor whos treating me made a statement saying that but I guess that holds no weight. Maybe I should contact a lawyer.

Edited May 10, 2013 by believe

[believe]

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

Oh well .. I guess Im s o l. A specialist at a law firm said since Im not rated as permanent, I would not be entitled for housebound benefits even with the overwhelming medical evidence that I am housebound.

She also said the 10 year rule for getting permanent applies only after I have been at 100% for 10 years and that it doesnt start from the date of my stressor, which was 12 years ago.

[broncovet]

I recommend you cite the evidence you stated. In other words, if your doc said you were housebound on 1-13-12, during an exam, cite that in your NOD. While you may not meet the 100 plus 60 statuatory criteria, you can still get housebound via "housebound in fact".

Further, if you want P and T, ask for that, also. If your condition has stabalized then ask for it.

[jbasser]

Oh well .. I guess Im s o l. A specialist at a law firm said since Im not rated as permanent, I would not be entitled for housebound benefits even with the overwhelming medical evidence that I am housebound.

She also said the 10 year rule for getting permanent applies only after I have been at 100% for 10 years and that it doesnt start from the date of my stressor, which was 12 years ago.

Believe, whoever you are using needs to be canned. There is no 10 year rule for permanent. A permanent condition is a condition considered static and not likely to improve. You should find an attorney who does VA claims only. VA LAW is a different practice.

Bergman Moore, Ron Abrams or someone with that type of clout.

J