Vike17, Sixthscents - Repost Of A Question For Your Consideration

[Philip Rogers]

What's your take on the following statements taken from a BVA remand to the RO on a SC Housebound claim:

"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)

Additionally, in the "case being Remanded for the following action" section it states: "The examiner should also opine as to whether the veteran is substantially confined to his dwelling or the immediate premises as a direct result of his service connected disabiities, that is, do these disabilities cause him to be unable to leave the house in order to earn a living."

This was addressed on Hadit around 12/6 with regard to NSC pension but the BVA is using this in a SC claim. The SC remand is new and still unavailable at the BVA website.

Thanks,

pr

[sixthscents]

I dont want to respond immediately with my gut instead of engaging my head... let me look at the case, and I'll comment tonight. Its not a case I had noted, but I miss stuff all the time too.

[Pete53]

As I said in an earlier thread, I will find out as I put in a claim for Housebound just before Christmas. I guess I will call the 800 Number soon and see if they got it.

I raised an issue of CUE in that Housebound was not considered by VARO when I was made 100% P&T Schedular in 1996 with a diagnosis of Panic Disorder with Agorophobia. Would really be nice to get it but I wait till I see a check before I get to excited.

[Philip Rogers]

As I said in an earlier thread, I will find out as I put in a claim for Housebound just before Christmas. I guess I will call the 800 Number soon and see if they got it.

I raised an issue of CUE in that Housebound was not considered by VARO when I was made 100% P&T Schedular in 1996 with a diagnosis of Panic Disorder with Agorophobia. Would really be nice to get it but I wait till I see a check before I get to excited.

Pete - don't know that the VA will call it CUE but the issue remains open, as an inferred issue and if awarded would go back to date of original 100% award. The reason I say it's not CUE is because "no" decision was made. If they deny w/o a C&P exam I would definitely appeal. They may award based on what's in your current medical records. Just be sure your medical records get to your c-file.

pr

Edited January 9, 2007 by Philip Rogers

[Vike17]

In a earlier post I made the asumption that this decision wouldn't really have anything to do with unemployability findngs ect... in regards to non service-connection pensions. I think I was mis reading the decision.

This recent decision now allows for veterans that are in receipt of Non service-connected pensions a statutory grant of housebound benefits if they is age 65 and over and has a combined rating of at least 60%. This means that Special monthly pension benefits may now be awarded to veterans 65 and older without having a 100% disability evaluation.

Vike 17

[Philip Rogers]

In a earlier post I made the asumption that this decision wouldn't really have anything to do with unemployability findngs ect... in regards to non service-connection pensions. I think I was mis reading the decision.

This recent decision now allows for veterans that are in receipt of Non service-connected pensions a statutory grant of housebound benefits if they is age 65 and over and has a combined rating of at least 60%. This means that Special monthly pension benefits may now be awarded to veterans 65 and older without having a 100% disability evaluation.

Vike 17

But what effect will it have on 100% schedular and TDIU SC vets? I'm reading that it will impact TDIU vets if the SC disability (PTSD) causes them to be unable to leave the home to make a living. Same for 100% schedular vets. In the remanded case for a 100% schedular vet the BVA is asking that "The examiner should also opine as to whether the veteran is substantially confined to his dwelling or the immediate premises as a direct result of his service connected disabiities, that is, do these disabilities cause him to be unable to leave the house in order to earn a living."

I think this will open the door for many and that an opinion from the OGC will be forthcoming. jmo

pr

[sixthscents]

OK, after a look at the case I tend to agree that it will change both the pension and the service-connected basis for determining housebound. Now, I dont know how many vets this would actually impact since the case has to be verified thru the diagnosis of a physician etc. (thats inferred). So, I think it will have an impact and possibly open housebound benefits but... housebound without special needs is what an (s) rate? Which is way less than L etc. and in many cases I think the veteran would probably already be qualified for SMC under another determination.

So, file it and see but I think you have a very good chance simply due to the anture of your condition.