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Diagnosed housebound in 2008 by VA; is med diagnosis binding?

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Cannabis

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Hi everyone!

I started going to VA in 2008. I just discovered in my medical file that psychiatrist resident, as well as the head psychiatrist approved her diagnosis that I am housebound. That's 2 doctors. Then, over the next 2 years or so, many details in med record support housebound.

Sep 09, filed disability. 50% granted. (ptsd, depression, cannabis dependence)

Approx. May 2015, filed for increase. 100% granted, same as above.

I filed NOD.

My question regards this newly discovered evidence of record that shows since 2008, i was diagnosed housebound.  I also have current evidence of housebound, it's no mystery around here that I don't go anywhere. And haven't for years.

Is the disability examiner bound by this diagnosis in 2008?  If so, then

1. if I am housebound per physician diagnosis in VA medical notes, then how can I be 50%? Wouldn't that defacto be 100%

2. any ideas on approach for this?  NOD with SMC S claim to date back to Sep 09?  Or CUE?  Help!?

Thank you and bless.

 

Edited by Cannabis
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  • HadIt.com Elder

yes you can send that in as evidence and request the H.B. SMC S and request the EED  Back t Sept 09.

they should infer the H.B . SMC S and make the adjustments from what you been paid and add the SMC S  ITS ABOUT 347 MONTH EXTRA WITH SPOUSE  AS DEPENDENT.

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Sorry, but that is incorrect. Here's how this works. Housebound, as defined by a shrink, is immaterial. VA rates you, based on your percentage, for SMC S (Housebound).  Once you are rated as 100% disabled for bent brain, the next level of compensation above that is SMC S. Thus, you did not "qualify" for SMC S until you attained the 100% rating. Now that you have it, your SMC S effective date should, by law, be the date they granted the 100% -or May 2015.

SMC is unique. You do not have to file for it. It is paid from the day you can medically prove you qualify for it-even if it is far in the past. Several years after I won my 100%, I also won an additional 60% (and more) retroactive to 1994. VA had to pay me the SMC S all the way back to that filing date.

I have one Vet I'm working with who filed for seizures relating to 16 meds for PTSD in 1989. He finally won in 2013 but filed a NOD for an earlier effective date. VA never finished it back in 89.  We'll win, I'm sure, but his effective date will be 1989 when we do.

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Asknod, thank you

Do you think there is any hope for CUE back to 09 date since if I was housebound at that date, I couldn't possibly be 50%?

See the reasoning?  Any comment?  Thank you so much.  I also could file for disability for hep c because i worked on vaccine crew as the "wiper" following corpsman along the line, wiping the blood from jet guns. alot of blood, one arm after the other, no gloves anywhere in sight, one towel. wipe one arm, then the next, down the line until rag so bloody, get another.  but i need to decide about the earlier decision and whether to let it go or cue???  thank you again.

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Here's what I don't understand.

"Housebound in fact" requires housebound status, plus 100% disability?

The fact is that I was housebound per medical records in 2008.  Same as if the doc said I had cancer or heart disease, right?

Well, if the medical recordes say I was unable to leave home, then doesn't that fact say I should be 100% , then SMC s, in 2009 decision?  CUE?  I've said this several ways but I don't explain things very well anymore and I don't know if i'm making sense or explaining it. This is one reason why i don't pursue claims.

Bless.

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I take it that neither of your VA Psychiatrists from 08 to present ever actually completed the Dr's Statement for Housebound status, right?

You listed (3) issues resulting in the 50% back in 09, wasn't the 50% just for PTSD? Depression & the Weed Problem are covered in the PTSD Rating, they're not separate SC's.

You were 50% SC, you're now 100% as of mid 2015. Is that a Scheduler 100% from the Combined SC Ratings or is it an IU Award?

Semper Fi

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