ptsd SMC (S) Confused

[bionoce]

I'm rated 70% TDIU P&T for PTSD with MDD, no future exams, and cannot leave my apartment to work a 40 hour week. Or work, period. Trying to read into all these interpretations of what "substantially confined" means is confusing. What do I need to submit for this SMC "S", or am I not eligible? If I am eligible how do you request this, is it a claim? Or do you just write a letter? Thanks.

Edited October 19, 2015 by bionoce

[ArNG11]

Yes. I only have one rating at 70% but I'm TDIU for it. From what I understand being "housebound" means being substantially confined to one's immediate premises by Congress's originally intended standards. Substantially confined means not leaving to go to work to earn a living. I'm home most of the time, sometimes days on end without stepping outside. I get out for appointments and treatment for the voice in my head. 

Check your PM

[bionoce]

For shits and grins I spoke with a VSO about SMC (s). He proceeded to give me beat info pertaining to A&A, not housebound. I almost hung up on him when he said "I wouldn't put in for that." This is one of the reasons I do not associate with other human beings. This should not be a difficult endeavor.

[broncovet]

I like Asknod (Alex) article on SMC S, especially as quoted in Howell.  Take a moment and get what they are saying here.  The Veteran was denied housebound because he was given a C and P exam, so the VA denied him as he was obviously NOT housebound, if he shows up for a C and P exam for housebound.  

This is crazy.  The VA requires a C and P exam, but if you show up for it, you are denied, but you cant be housebound if you show up for a hb exam.  So, the Veteran appeals and the judge says, "gee Let's see what congress intended, since it does say, 'substantially confined', it does not say permanently confined or that you can not leave the house at all. 

The judge dug it up, and, sure enough, congress intended for Vets to get housebound when they cant leave the home FOR WORK, not that they cant leave the home at all.  

This suggests that all Vets who are not working, and are rated 100% for a single disability, should get housebound, since you are not leaving the home for work.  

This is exactly what I allege in my appeal.  That is, since I am not employed, and have a single 100% disability, I am not leaving the house FOR WORK, as in HOWELL.  

[bionoce]

Exactly. That's why I want to get this claim right the first time. I'm writing a personal statement and quoting Howell Vs. Nicholson and the regs. 

Edited November 1, 2015 by bionoce

[Buck52]

 Although I am TDIU P&T I am 90%combined rating and 10%for tinnitus   90 plus 10 is not 100%  so I would need at least a 50%increase to make 100%stand alone rating   even tho I never get out of my house   not that I'm confined   its just that with PTSD I don't won't to be around people any people...so until I can get my rating up to where they I can qualify      100 % & plus 60%  I should be able to get the HB  for SMC's 

I think asknod was meaning that if your 70%combined and getting TDIU because your disability keeps you from working & you physically can't leave your home then I believe that's when you would get SMC's using the CFR 3.50 

 

its hard to get SMC's IF YOUR NOT 100%  But it can be done if your disability keeps you from leaving your home, IF IT DOES then file for it   I am not sure what the VA will do   either look at a lot of medical records  or send you to a C&P?

 

jmo

 

.........Buck

[bionoce]

If a veteran is TDIU they should be authorized SMC (s) because it keeps them from leaving home to earn an income. TDIU by it's very nature prevents veterans from leaving home to earn an income. Plain and simple. You and I Buck52 fall into this category, with all due respect.

 

The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all.

 

Edited November 1, 2015 by bionoce