tdiu Smc For Housebound

[Philip Rogers]

I suggest anyone with TDIU apply for Housebound. Also those with 60% or more might consider the same. See CAVC, Hartness V. Nicholson. JMO

"Recently the Court has clarified that housebound benefits are payable where the pertinent disabilities cause the veteran to be substantially confined to the home or its immediate premises, and that this requirement is met when the veteran is unable to leave the home to earn a living." Hartness v. Nicholson, 20 Vet. App. 216 (2006)

pr

Edited November 26, 2006 by Philip Rogers

[Philip Rogers]

Just so you know, Rick, it is not my reading but is the BVA's reading. I'm surely hoping it will be.

pr

Philip,

Thanks...

I am hoping your read is right, because if it is I would be awarded housebound, since I am TDIU with two seperate 60% ratings.

But If the read is the same that was posted here already then I am not sure... \

Would like to get Vike17's , and Betha's read on this two.....

[Berta]

"Does anyone know where the above quote is found outside this particular conversation? If not it should simply be considered heresay, short of a real live BVA extract to that effect that is."

This is established VA case law- certainly not 'hearsay'.

See: 38 CFR 3.351, 38 CFR 3.951-953,

38 USC 1114,

and M21-1 Part VI, Change 106, Chapter 8 (8.02 a,b,c,)

[Philip Rogers]

Here's a link to the case I was referring to previously: http://www.va.gov/vetapp06/files5/0634442.txt

pr

Hasnt been much traffic on this topic, but I have to take issue with the following statement:

"Recently the Court has clarified that housebound benefits are payable where the pertinent disabilities cause the veteran to be substantially confined to the home or its immediate premises, and that this requirement is met when the veteran is unable to leave the home to earn a living." Hartness v. Nicholson, 20 Vet. App. 216 (2006)

Does anyone know where the above quote is found outside this particular conversation? If not it should simply be considered heresay, short of a real live BVA extract to that effect that is.

Regardless, I am going to apply for "housebound" as I am 100% scheduler for PTSD with two other SC physical disabilities.

The worst that can happen is they say no!

[Pete53]

Actually the worst that can happen is the VA can review your claim and reduce your rating. Every time you ask for something it opens you up to a complete review. That said it is a lot easier to get I applied and got it in under four months last December.

[Philip Rogers]

Peter, I missed that. Good on you! Congrats!!!

pr

Actually the worst that can happen is the VA can review your claim and reduce your rating. Every time you ask for something it opens you up to a complete review. That said it is a lot easier to get I applied and got it in under four months last December.

[Jay Johnson]

It's not a lot of money at all and not really worth the hassle of reopening a claim; especially a PTSD one rated at 100%, but if you really need the extra $ and feel your PTSD case is air tight, then go for it.

However, if you are not yet P&T and you have an upcoming C&P then use housebound as a bargaining chip to keep your current rating. Sometimes the VA likes to feel as if they've won something and if you ask for HB during a C&P, they may be more inclined to keep you at 100% because the HB denotes a decrease in your functioning (even if they don't grant it). But I wouldn't reopen the case needlessly if you have a C&P in the future.....