Guest rickb54 Posted December 10, 2006 Share Posted December 10, 2006 (edited) deleted Edited February 19, 2007 by rickb54 Link to comment Share on other sites More sharing options...
rigo Posted December 10, 2006 Share Posted December 10, 2006 rickb54, you are right, you can acquire Housebound Benefits two ways: First: The veteran has to have a single service-connected disability rated as 100 percent and an additional service-connected disability (ies) (involving different system) that independently ratable at 60 percent. Second: The veteran has a single service-connected disability rated 100 percent disabling and the veteran is permanently housebound because of a service-connected disability or disabilities. The requirement of being permanently housebound is met (1) when the veteran is "substantially confined as a direct result of service-connected disabilities to his dwelling; (2) it is reasonably certain that the disability or disabilities will continue through a lifetime. Manual M21-1MR provides that whenever a single disability is assign a rating of a 100 percent, the VA should consider entitlement to housebound benefits and aid and attendance, as inferred issues. Link to comment Share on other sites More sharing options...
jessejames Posted December 10, 2006 Share Posted December 10, 2006 On the intrepretation in dispute, I have personally been through this and have the SMC for housebound. The correct intrepretation is; you must have one disability rated at 100% PLUS one totally separate or multiple totally separate disabilities rated at 60%. And this 60% is figured using "VA Math", not simply by adding for instance, 3 20% disabilities. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted December 10, 2006 HadIt.com Elder Share Posted December 10, 2006 rigo, Yes I know there are two ways.. but I didn't read this the same why you did. I read it as: 1. housebound is payable to a veteran rated at 100% OR 2. housebound is payable to a veteran with multiple 60% ratings. Sorry to butt in here, Rick - I agree with your interpretation, however if they are talking USDVA benefits they are in error. If there are state benefits, it may be correct. If you look at unemployability, it is wrong (actually partially right) for USDVA benefits but if there are state benefits it may be correct. jmo pr Link to comment Share on other sites More sharing options...
Berta Posted December 10, 2006 Share Posted December 10, 2006 I interpret this exactly as Rigo did and that is how I understand the regs in 38 USC 1114. The VBM always has additional information on these regs and also some good advise as to how to request Housebound or A & A , etc. The VA is to infer SMC issues whenever the circumstances require this- especially when the vet is 100% for one SC and then at least 60% for a separate SC.(which could include Section 1151 disabiliies.) This is the point of one my CUE claims at the VARO. Rod was 100% SC for PTSD and well over 100% under Section 1151. VA said he was not eligible under any circumstances for SMC. I intend to see them eat those words. I supported my CUE claim with section of M21-1 , a General Counsel Pres op and referred them to 5 BVA decisions. M21-1 has an interesting statement- (Part VI- March 19,2004) Under Inferred Issues and Ancillary Benefits, they state: "An issue is sometimes derived from the consideration or outcome of a related issue." I highlighted that statement as it was critical to my CUE. VA says the vet never filed a Section 1151 claim in his lifetime.They denied accrued benefits on this basis. The veteran's Section 1151 claim is right in his c file. A former VSM sent me the entire c file and it was right on top and had been in the rating board for 3 months when he died. GRADUATE ! Nov 2nd 2007 American Military University ! When thousands of Americans faced annihilation in the 1800s Chief Osceola's response to his people, the Seminoles, was simply "They(the US Army)have guns, but so do we." Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we. Link to comment Share on other sites More sharing options...
HadIt.com Elder Philip Rogers Posted December 10, 2006 HadIt.com Elder Share Posted December 10, 2006 Thank you for all the replies. I agree with every reply. Philip raises a good point in that this source may be talking about state benefits and if not state benefits have misquoted USDVA rules. Ok... Then for the purposes of discussion; Could you see a veteran with two seperate 60% ratings, for two seperate body parts (ie: back, Lungs) with loss of use of a foot, who is wheelchair bound,( with TDIU)be considered for housebound, especially when the veteran does not leave home except for medical appointments. In light of the rule requiring a single 100% plus 60% rating, would it benefit the veteran to request Housebound. If it were me I'd apply. Worst scenerio the claimant loses. I feel very strongly about the HB postings I made previously. The BVA case I'm refering to still hasn't been posted. I think it takes them a couple of months. I'd also apply for A&A if claimant isn't already receiving. jmo pr Link to comment Share on other sites More sharing options...
sixthscents Posted December 17, 2006 Share Posted December 17, 2006 OK, I need help here too... After a great deal of research I know I am entitled to housebound under a single rating of 100% + 60% or more (actually 70%) of different etiology, or different systems etc. I am currently being paid at the 100% + 50% rate L1/2 What is the smc rate for housebound. From what I can see its R1... Is this correct, and if not what the heck is it? As I understand the reg, I do NOT need a doctors opinion, it is presumptive at 160% combined. So, I would guess i just kindly point out that they made a rating error when they rated me at L1/2 (which was L until I pointed out the 50% rule)... Sorry for such a noob question but nowhere could I find where it said what the smc rate would be. Bob Smith Bob Smith Link to comment Share on other sites More sharing options...
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