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?

[broncovet]

I agree with Basser. File a NOD. File one for each decision, as long as they are within a year. Get an attorney if necessary. I do recommend a DRO review. Many times I have seen Vets fight on, even when others suggest they drop out. They all won. If you have the evidence, dont listen to the naysayers. Some VSO's get paid for suggesting you drop your appeal. (They get paid per POA, and the less work they have to do, they can get more POA's)

[believe]

That was a NOD that they denied me on. It was for housebound and permanent. They denied both. I got a SOC letter 2 days ago saying I have 60 days to appeal to BVA. I dont have a VSO.

I did cite a few statements from my C&P exam records that indicates Im housebound. My whole case is basically about how my symptoms has me housebound. The examiners notes mention HB or indicate that at least 5 different times, maybe more.

This is 1 I did not cite though .. "It is in my opinion that the latter disorder is a consequence to the PTSD as his anxiety has generalized to impact his ability to leave his home. The level of disability is severe as indicated in the GAF assigned."

My SOC is saying I have to be rated as permanent to be considered and granted HB. Are you saying this is not true?

If permanent is required then it may be hard for me to get HB because my examiner didnt mention permanent so that will have to be my fight. Since my psychologist mentioned Im permanent should I pursue this with trying to find a lawyer specializing in VA claims?

Part of what the SOC quoted for HB ( ..... service connected permanent disability or disabilities, and it is reasonably certain that the disability and resultant confinement will continue throughout his or her lifetime."

[Legate]

Believe, I think your SOC is correct. Without a permanent rating there isn't much likelihood that you would have a chance with the BVA. You could certainly talk to an attorney to get a professional opinion. I don't think the outcome would be certain even with a permanent rating, however. There's too much subjectivity with SMC-S "in fact" awards and the rater doesn't have to accept the opinion of a C&P examiner or any other mental health provider. Also, it's a bit of a crap shoot and they could always re-evaluate your 100% rating and the whole thing could backfire.

I'm sorry you didn't have an experienced VSO to advise you about your case. It might have saved you a lot of time and grief. Just my 2c worth.

[jbasser]

I for one do not see the word permanent and total for the actual housebound section. Total only applies to the Statutory housebound.

This issue, although a complex one in deed, needs to be addressed. Now we can say a Rater can tell you you are not housebound, This is a person actually saying your disabilities are not severe enough to warrant HB. Now do not forget the fact that a rater who ignores medical evidence and makes his or her own premise to the severity of your disabilities is really making a medical determination. Now the folks who do know, would regard this as the Rater who is not a medical professional and his opinion is just the same as yours or a Lay person does not have the authority to render such an opinion.

If this thing gets to court, which it shouldnt have to, would be recognized. A very good arguement point.

Get an attorney and let them see the parameters of your claim.

J

(i) Total plus 60 percent, or housebound; 38 U.S.C. 1114 (s ). 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.

[broncovet]

Some DRO's "rubber stamp" the denial of the VARO, so many just skip DRO review and go right to the BVA. Don't worry about a DRO denial...they do that all the time. Just file a NOD, dispute the DRO denial and its off to the BVA.

When you do your NOD on the DRO denial, be complete and thorough, and be sure to "refute" the Reasons and bases cited in the DRO denial. Refute the reasonings with evidence.

You may need an IMO to opine that your housebound is permanent. Or, like Basser said, show that the regs do not require "permanent". Instead ask for the "reasonable certainty" that the disabilities will continue throughout the claimants lifetime". I dont know how old you are, but most people who are over 50, are unlikely to wake up one morning and their disabilities have vanished.

[broncovet]

Remember, the VA does not even schedule re exams past age 55, in part, because it is highly unlikely a 55 year old will suddenly have his disability go away. A young person may be able to heal, but those over 55 are, for the most part, only going to decline in health. If you are over 55, your health is unlikely to get better but much more likely to get worse.