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Not Sure If Im Doing This Nod Correct

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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?

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  • HadIt.com Elder
"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............

Berta - the VA probably won't consider TDIU, as he is already rated 100%, for PTSD. Also, being 100% for PTSD infers HB and w/his agorophobia, they should have awarded HB. It's hard to say whether he's better off pursuing a DRO hearing or going straight to the BVA. I feel the BVA will remand his claim so he'd be better off at the DRO hearing. jmo

pr

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