ptsd Not Sure If Im Doing This Nod Correct

[believe]

This is more than a little bit of information so whoever takes the time to figure it out .. thanks :)

Claimed filed July 2010 for PTSD and agoraphobia.

Denied around November 2010.

Did NOD requesting DRO review. Sent additional medical evidence, including overwhelming evidence I was housebound, around May 2011.

C&P exam July 2012 with notes stating Im housebound

Awarded 100% September 2012 without SMC S housebound which I thought I would get even though I didnt file claim for that because I didn't know I had to.

Called the 800 number the next day after I got my 100% notice. They said I had to file a claim for housebound and thats the reason it was not given to me (I didnt know at the time but obviously thats not true).

Filed new claim for housebound and P&T in September 2012. Provided all of my medical records from my PTSD claim stating Im housebound plus new evidence stating Im permanently confined to my home because of my condition.

January 2013 I was denied housebound and permanent because they stated "You do not meet the schedular requirements for statutory HB nor does the evidence show you are HB in-fact, since the evidence does not show your degree of panic or agoraphobia to be likely permanent throughout your lifetime." My September 2012 100% decision from DRO stated I was likely to improve (none of my medical records indicate that) so that is why I provided the additional medical evidence with my housebound and P&T claim stating I was permanent because my medical evidence with my PTSD claim did not state I was or wasnt permanent.

With all of that being said, I did a NOD for my January 2013 housebound and P&T denial, stating why housebound should have been inferred with my 100% decision in September 2012 for my claim from 2010. Should I have instead did another NOD or filed a BVA appeal for my claim from 2010 because I feel housebound should have been inferred with that claim?

[Philip Rogers]

Here is the decision I got September 2012

Service connection for PTSD and panic disorder with agoraphobia is granted with an evaluation of 100% effective July 28, 2010

You should be all set w/that award. It's just a matter of whether you want to go the DRO hearing route or the BVA route. Personally I'd try the DRO hearing route. As for the January 2013 NOD, I wouldn't worry about it for now, as I think they'll be combined w/the previous NOD. jmo

pr

What's your age?

Edited January 28, 2013 by Philip Rogers

[believe]

30 .. does age matters or do you just want to know? Just curious

Ok so dont cancel out the NOD I sent? Just send another simple letter to my local VA office asking for a DRO hearing for my September decision?

I just did a little research. I seriously doubt I will go to a DRO hearing or any type of hearing. I think Id rather just keep things the way they are :(

Edited January 28, 2013 by believe

[Berta]

I am confused.....

"Service connection for PTSD and panic disorder with agoraphobia is granted with an evaluation of 100% effective July 28, 2010"

They lumped the agoraphobia into the PTSD.

What did they say (can you scan the decision and attach it here --cover identifying stuff) as to how VA determined not to award the Statuatory HB award

based on the agoraphobia? (SMC S)

Are you going to apply for SSDI?

Can you tell us what the ratings were,percentagewise? and the DC codes? (diagnostic codes)

[Berta]

I am so sorry.....you answered that question before.......I am having problems with reading the threads........need more coffee......

I assume you got some retro...... can you afford to consider an IMO as to supporting P & T and the SMC S award?

You posted:

"The VA Adjudication Procedures Manual (M21-1MR) mandates that VA
adjudicators consider entitlement to special monthly compensation as an
inferred issue. VA rating activities are obligated to consider
entitlement to special monthly compensation in all decisions where the
medical evidence indicates possible entitlement."

"38 U.S.C. §§ 5110(a), 114(s); 38 C.F.R. § 3.400(o). Accordingly, SMC benefits must be

granted when the veteran becomes eligible without need for a separate
claim, any effective date must be based on that point in time when the
evidence first supported an award of SMC, which may be well before the
veteran raised this issue."


INDEED.

I won a three part CUE claim on that same basis.

SMC, inferred and a statuatory mandate......

FIGHT this! I seem to have trouble reading the threads ..........in right order.

AN IMO might get the PTSD up to 100% rating.(Unless this is a TDIU award?)........then the SMC HB should kick in.

Edited January 28, 2013 by Berta

[believe]

I am 100% shedular for PTSD and agoraphobia. I have another thread about the housebound but I didnt want to confuse every1 about what I was asking in my first post here. My IMO is stronger than my C&P exam. My main issue is that I am housebound so it is extremely clear that I am housebound. I have 2 or 3 different letters from my psychologist stating that. The last IMO clearly states my condition is permanent.

I just got SSDI a couple weeks ago.

Edited January 28, 2013 by believe

[Berta]

"My IMO is stronger than my C&P exam. My main issue is that I am
housebound so it is extremely clear that I am housebound. I have 2 or 3
different letters from my psychologist stating that. The last IMO
clearly states my condition is permanent."

Yippee to that and to the SSDI!!!!!

Is the SSDI solely for the SCs?

If so have you told VA that?

Does anyone here think this vet should apply for TDIU solely based on the PTSD so the SMC S can kick in under HB?

I assume you are OEF and fell into the new PTSD criteria............