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...
HadIt.com Elder jbasser Posted May 13, 2013 HadIt.com Elder Share Posted May 13, 2013 Oh by the way, it is against the regs for the VA to discriminate against any Veteran because of age. So if they use this, Attorneys will eat their lunch. Legate, Please research before you post an answer. We do not welcome confusion from someones bad advice. § 4.19 Age in service-connected claims. Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. Age, as such, is a factor only in evaluations of disability not resulting from service, i.e. , for the purposes of pension. J Link to comment Share on other sites More sharing options...
Legate Posted May 13, 2013 Share Posted May 13, 2013 Oh by the way, it is against the regs for the VA to discriminate against any Veteran because of age. So if they use this, Attorneys will eat their lunch. Legate, Please research before you post an answer. We do not welcome confusion from someones bad advice. § 4.19 Age in service-connected claims. Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. Age, as such, is a factor only in evaluations of disability not resulting from service, i.e. , for the purposes of pension. J J, I work very hard not to give bad advice to anyone and I apologize if I've done so. I spent a full four months researching this area before putting in a claim and I do know a fair bit about the specifcs of the SMC-S clause and how it's been applied in actual cases. I was only trying to be of help and if that upsets you then feel free to ban me. I must confess I would miss Carlie's posts however, as I've learned a lot from them. Re-reading my own posts, I see I could have qualified some of my comments a bit more, not sounding so absolute. Lesson learned. By the way, I question whether age cannot be a factor. Although your reference is correct, in fact the age of 55 or above seems to be routinely used as one of the various categories of "stabilized" claims which are not normally re-evaluated. Another is single schedular ratings of 100%, or ratings that have been in place for more than five years. You can find this information fairly easy by googling "VA stabilized ratings." Link to comment Share on other sites More sharing options...
HadIt.com Elder jbasser Posted May 13, 2013 HadIt.com Elder Share Posted May 13, 2013 Stabalized ratings are ratings already in effect. Dont worry too much about it. We all are on the same team. Someone always has our backs here. Thanks. J Link to comment Share on other sites More sharing options...
Moderator broncovet Posted May 13, 2013 Moderator Share Posted May 13, 2013 Good post Carlie. I thought you "nailed it" but maybe I was getting too excited, as your post about SMC may have been involving DIC? 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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