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]

Welcome back Carlie

If you think you are eligible for housebound, and the VARO decision did not award it, you have one year to appeal, or the decision becomes final.

There are 2 ways to get "housebound". One way is the "Statuatory" housebound, that Carlie Posted. The other way is HOUSEBOUND in FACT. If you meet the criteria for statuatory housebound, you need not get a doc's statement that you are housebound. However, if you do not meet the statuatory housebound critera, you still can use evidence from your doctor to obtain "housebound in fact".

[believe]

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

Edited September 21, 2012 by believe

[Berta]

I agree with Carlie, this is still not a a basis for a CUE claim.

CUE claims and their criteria is all explained in our CUE forum here.

I am concerned about one thing.

http://www.craigbashmd.com/helpful

At Dr. Bash's site, that popped up when I tried to find more info regarding the lack of SMC,

he shows a separate diagnostic code for panic w/ agorahobia, under the PTSD info.

How did the VA rate your disability on the rating sheet. All under 9411 PTSD ,or part under 9412?

And what were the %s for each?

But then again ,it might not even matter because the entire decision could reveal that everything was considered within the 100% award.

If you feel you should appeal the decision, by all means file a NOD and tell them why you feel they are wrong.

[broncovet]

Beleive

Berta and Carlie are correct. Cue applies only to UNAPPEALED decisions that have became final. You simply appeal and dont worry about CUE when your decision is within a year.

[believe]

It wasnt clicking in at first. I understand now. Instead of CUE I need to appeal because its within a year. So now the question is .. do I have a case for housebound? If I do, should I appeal (I never filed out housebound form) or should I file a new claim for housebound?

I didnt have any assistance with DAV but maybe I should get 1 now because Im starting to ask a lot of questions.

[broncovet]

Yes. If you think you have the evidence for "housebound in fact", then certainly you should appeal. I did not read your docs report, but if you think so that is all that matter. Carlie pointed out you probably do not qualify for "statuatory housebound" because that is when you have a minimum of 100% plus 60%.