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]

Ok thanks. Just to make sure .. this appeal will not affect my current pay rate at 100% correct?

[broncovet]

No. Your decision remains in effect until the appeal is settled.

Remember, the VA can not appeal a RO or BVA decision. Any issues you do not appeal become final in a year and cant be revised except for CUE.

[john999]

If you are 100% and the VA did not consider you for HB I would appeal. If they did consider you for HB and denied you I would appeal with more evidence.

[believe]

No. Your decision remains in effect until the appeal is settled.

Remember, the VA can not appeal a RO or BVA decision. Any issues you do not appeal become final in a year and cant be revised except for CUE.

Sorry Im a little confused. Don't I just send a notice of disagreement to my local VA office to appeal?

[broncovet]

Yes. You send a NOD to the Regional Office.

[carlie]

I guess this is what you are asking for ..

Decision

Service connection for PTSD and panic disorder with agoraphobia (previously referred to as unspecific mental condition) is granted with an evaluation of 100 percent effective July 28, 2010.

It does also state in the reason for decision that since there is a likelihood of improvement,

the assigned evaluation is not considered permanent.

I just looked over my C&P exam records again and the doctor said several times that my condition is severe.

Obviously I can't type all of what the doctor said but here is a little more to add that I believe supports my claim for extreme agoraphobia ..

Rarely interacts with family, rarely leaves home, avoids family reunions, no social contacts. Veteran acknowledges some reduction in anxiety over the years (yet I still have a diagnoses of extreme agoraphobia). Sense of a foreshortened future (does not expect to have a career, marriage, children, or a normal life span).

I can add more but with the information I have provided so far, what do you think about a CUE case now?

Im 29

This is absolutely nothing for a claim of CUE - just forget that part totally.

I do not see where you meet the eligibility criteria for SMC/S under any of the regs

that provide this additional benefit.

1) Your rated 100 percent - you are not rated total plus 60 percent - so this way is a denial.

2) "It does also state in the reason for decision that since there is a likelihood of improvement,

the assigned evaluation is not considered permanent." and this way is a denial.

To me - it is NOT AT ALL "Obviously I can't type all of what the doctor said . . ."

along with exactly and all of what the decision states.

How can you possibly expect to get the best guidance when only posting

partial answers.

Severe now does not equate to permanently - for life, especially if the mental health

providers statements / opinions are not supported with full medical rationale.

You are 29 yrs old - a decision maker would have a difficult time due to your age

in my opinion.

Are you familiar with the reg criteria for a 100 percent evaluation for mental health ?

Total occupational and social impairment, due to such symptoms as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; memory loss for names of close relatives, own occupation, or own name..100

From what I have read in the topic postings so far - personally I would leave SMC/S alone.

Even tho you posted how difficult attending the C&P exam was for you - -

I highly suggest being in some kind of mental health treatment program on a fairly regular

basis (at least 6 times a year) because you will for sure be getting scheduled for a re-exam

sometime down the road.

This most likely won't happen for a few to several years - - - but at sometime - - - it will happen.

Maybe I'm the only nay-sayer on this one but this is what I see.