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Housebound But Not Granted Smc


believe

Question

I was just awarded 100% for PTSD with extreme agoraphobia but not SMC S housebound pay rate. My VA medical records states that I am housebound because of extreme agoraphobia. My nexus letter states that I have agoraphobia and that I never go in public around people. The letter I wrote when I initially started the claim states that I never leave my house because I'm afraid to.

If I have a CUE case does this seem like it should be a short CUE letter. Its pretty clear that I am housebound and I should have gotten SMC pay rate. All of the CUE letters I've read are long and thorough.

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I was just awarded 100% for PTSD with extreme agoraphobia but not SMC S housebound pay rate.

First off - please post your decision to include any Reasons and Bases Section

or narrative on the decision. Do not post the personal info like name, claim #, etc...

My VA medical records states that I am housebound because of extreme agoraphobia. My nexus letter states that I have agoraphobia and that I never go in public around people. The letter I wrote when I initially started the claim states that I never leave my house because I'm afraid to.

If I have a CUE case does this seem like it should be a short CUE letter. Its pretty clear that I am housebound and I should have gotten SMC pay rate. All of the CUE letters I've read are long and thorough.

At this point you absolutely have no claim for CUE.

CUE laws are quite involved but your situation does not even begin to

fall under the criteria for a claim of CUE.

Your decision has not even yet become final and that's

very, very basic CUE 101.

Please post the decision itself and don't contact VA about anything yet.

At least get some opinions here and let the cash hit the bank first.

JMHO

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Beleive

"CUE" is a "standard of review" for claimants who do not appeal within the one year period after their decision. Since you are in the appeal period, you need not meet the Cue "standard of review" to get housebound on a recent decision.

Instead, you need only to timely appeal the decision..you dont have to prove CUE.

You can file a NOD something like this:

Notice of Disagreement

I disagree with the decision dated Aug. 14, 2012 on the Issue of entitlement to Housebound. The Veteran's Doctor, Doctor .........

stated in an exam of Sept. 14, 2011 that the "Veteran was housebound".

(Enclose a copy of the doc's opinion you are housebound).

Signed.....IMa Veteran, Sept. 17, 2012

Send your NOD certified mail, return receipt request to ensure the VARO gets it. As I posted in another post, there are two seperate critera for housebound. The first is statuatory, as Carlie posted, but the second is "housebound in fact", where your doctor says you are housebound.

There is a specific set of criteria you must meet for "housbound in fact". The VA should order a C and P exam if your doc did not give specific reasons WHY you are housebound.

You may even meet the higher criteria for "Aid and Attendance", if the Veteran meets the criteria for that.

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