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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

HadIt.com Anniversary 24 years on Jan 20, 2021
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Remand from Court back to BVA Question


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I was denied at the BVA. Hired an attorney, and the Veteran's Court has remanded my case back to the BVA. What do I have to look forward to? The Attorney wants to continue representing me at the BVA and RO, for 20% of backpay which could be substantial and I have no problem with. Advice appreciated.

Edited by capitan
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I did it BOTH ways: 1.  I got a remand (from CAVC)  with a law firm who ALSO represented me at the BVA.  The attorney asked for EAJA fees from the court and got them.  Those were deducted from th

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Ms berta

I am thinking along these lines

if a veteran can't leave his house for work  then he can't leave his house for other things   but the regulations say he/she can leave their house for medical care or medical purposes  and this veteran is P&T and his disability is of nature and not expected to improve in his/er  lifetime this is housebound in fact  correct?

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I also stumble up-on this in-part of 

               United States Court of Appeals  No. 04-064                     Decided March 23-2006

 

                                                                      Robert L Howell (Appellant )

                                                                                 v

                                                                    R James Nicholson  (Appelle)

 

B. Permanently Housebound Status – 38 U.S.C. § 1114(s) SMC-HB benefits will be paid to a veteran who, "by reason of such veteran's service connected disability or disabilities, is permanently housebound." 38 U.S.C. § 1114(s); see also 38 C.F.R. § 3.350(i)(2). The term "permanently housebound" is further defined as being "substantially confined to such veteran's house . . . or immediate premises due to a service-connected disability or disabilities which it is reasonably certain will remain throughout the veteran's lifetime." Id. The term "substantially confined" is not defined by statute or regulation. See id. B

Edited by Buck52
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The regulation is quite clear.

My husband's 100 % P & T for PTSD (SC) was, by medical evidence from his VA shrink, to have been exasperated by his "'as if" SC 1151 brain damage caused by the VA.

He had two VA hospitalizations after the stroke, solely  for his PTSD.

He was substantially confined to our home.

He also had two separate awards from SSDI ( because we filed a SSDI reconsideration on the initial award) and also could not continue VOC Rehab.. because he was substantially confined to our home. I had more evidence but see no point in posting all that here- The HB award is unique to every veteran who gets it.

It is a medical decision based on documented evidence.

If a 100% veteran with one sole SC, feels they are eligible for the HB award they should certainly request it from the VA and consider getting an independent  medical opinion,if they feel it would help.

I have nothing else to offer on this subject.

 

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Some more Info on this subject. for the not so sure about the SMSC S 1 Housebound

The term “substantially confined” is not defined by statute or regulation. See id.
Because the meaning of the term “substantially confined” is ambiguous and there is no
regulatory interpretation, “the Court must determine the meaning” of the term “and the Board’s
obligation” thereunder. Thompson v. Brown, 8 Vet.App. 169, 175 (1995); see also Jackson and
Cropper, both supra. The Secretary submits that the clear implication of this term is that the
requirement that one be “substantially confined” is met when the claimant is restricted to his house
except for medical treatment

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