Criteria for SMC -S HOUSEBOUND?

[Buck52]

Can anyone lead me to the SMC S HOUSEBOUND Criteria? NOT JUST THE SMC CRITERIA BUT THE HOUEBOUND CRITERIA.

I understand this SMC S H.B. NEEDS TO BE UNIFORMALLY SUITED TO THE DISABILITY UNDER CFR  3.350  (i)

What I mean about uniformly suited to the disability is like for PARALYZED VETERANS THEY ARE SUITED FOR HOUSEBOUND  ITS OBVIOUSLY HE CAN'T LEAVE HIS HOUSE ANY TIME HE FEELS LIKE  ON HIS OWN MAKING HIM HOUSBOUND.

Does a Veteran need to have his disability uniformly mention as a criteria? TO MEET THE HOUSEBOUND CRITERIA?

Meaning  the Veterans disability needs to be as he can't leave his house because of his S.C. Disabilities the disability needs to be chronic static and  of nature

example  veteran with severe hearing loss and is  S.C. For it at 80%  they award him TDIU BECAUSE HE CAN'T DO ANY TYPE WORK DUE TO THIS DISABILITY,

  OK UNIFORMLLY  HE CAN WORK AND DO SOMETHING   HE ALSO CAN LEAVE HIS HOUSE IF HE DECIDES TO   SMC s house bound is define as a veteran with one rated disability 100% and another sc disability at 60%  this meets the SMC S CRITERIA ....>BUT EXACTELY IS IT HOUSEBOUND?

Can anyone tell me the criteria for housebound? AND NOT JUST THE CFR 38. 3.350. - (a) -(z)

[Buck52]

jbasser quoted

''The actual wording in the statute does not mention 100 percent. It states Total plus 60. Statutory housebound is solely based upon a total rating as in TDUI (The first word is total)  plus 60 meaning according to VA math a veteran has a single 60 or combination adding up to 60 using the world famous VA math. With this statute you do not have to be physically housebound.''

Ok this is how I was rated. But I was not rated the SMC S H.B. when I got my IU STATIC  W/P&T UNDER THE 100%  I WAS 90%COMBINED AND WAS GREANTED THE IU DUE TO MY SC DISABILITYS  BACK IN 2003  EED 2002.

I REALIZE HOW THE 100% PLUS 60% WORKS FOR THE  SMC 1-S IT ALSO APPLIES TO THE VETERAN THAT IS IU UNDER THE 100%

Question ,  is it a statutory rating and they were suppose to grant the SMC 1 S to me back then? OR AFTER 2008?(Regulation changed)

but they did not because I didn't have a Qualified Dr medical opinion that he says I am housebound due to my s.c. disability  that made me eligible for the IU./W P&T

Could I Appeal the SMC S H.B. that they never granted me back then for the TDIU P&T?  EVEN IF I NEVER APPEAL IT WITHIN THE YEARS LIMIT OF THE NOD.  OR EVEN APPEAL THE EED  IF IT WAS WRONG. OR REOPEN CLAIM?

..BUT IF VETERAN DON'T GET THAT APPEAL IN THEN HE FORFITS ANY WRONG DOING THE VA DOES  CORRECT?  BECAUSE OF THE NON APPEAL...DON'T THAT MAKE HIS CLAIM A ''Freestanding Claim'' AND THEY ARE NOT PERMITTED. TO DO A VETERAN APPEAL.

THIS WOULD NOT ACTUALLY BE A CUE  BECAUSE THEY CAN'T GO BACK TO REDO ALL THIS.  THEY ARE NOT PERMITTED TOO..OR OBLIGATED TO.

I DID READ A BVA CAVC CASE WHERE THIS HAPPEN TO A VETERAN  AND AFTER 10 YEARS OF APPEALS HE FINILLY WON  BECAUSE HE HAD FILED AN APPEAL WITHIN ONE YEAR AFTER HE WAS ADJUICATED  BUT HAD HIS RATING WRONG AS WELL A SHIS EED  HE KEPT GETTING DENEIED AND THEY FOUND WHERE HE HAD APPEAL DURING TH FIRST YEAR

Being I NEVER filed an appeal  this blows me out of the water  not a leg to stand on as for as any retro owed to me because they never  granted this SMC S  1 to me back then.

It might could if I had an Army of experienced Attorney's And Dr's  but even then I doubt it.

[Buck52]

Yeah it is rather confusing to say the least..

this reg says

2) Is permanently housebound by reason of service-connected disability or disabilities. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime

Well I got half of it.  THE BOLD PART THAT STARTS OFF  with in bold

''and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime''

key word is  *is substantially confined.

This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities 

 

Edited November 27, 2020 by Buck52

[Buck52]

'' Your doctor can state you are "substantially confined" to your home.  It does not mean you can not leave the home, it means you are "substantially confined".  I gave the defination of substantially. '' 

I don't think my Dr would state something like this  if I walk into his office  if I can walk then I am not substantially confined .

Anyway I am not going to try to get this  I don't have a DR SAYING I AM SUB -CONF '' To my home    But   I do have the VA Stating IAM TDIU P&T DUE TO MY SERVICE CONNECTED DISABILITIES  

SINCE I NEVER APPEAL THIS DECISON 17 /18YEARS AGO  FOR THE SMC S- I DON'T HAVE A LED TO STAND ON , AND IF i DID APPEAL  I'D BE DEAD BEFORE IT WAS FINIALIZD AS  IF THEY DID APPROVE IT.

[Buck52]

I was not granted the SMC S back in 2003  when I was granted TDIU P&T  Since I never Appeal this decision back then   

Then that just shows I agree with their decision, and let it go all these years and never Appeal this, so this makes my claim  a'' Free Standing Claim'' And is nor permitted for them to reopen or grant the SMC S.

Unless I file for a complete Audit of my claim back then  and they may catch this  if it was in effect at that time or maybe grant it when this regulation was put in place. however after viewing my C-file in 2015 when I filed for another claim  it was separate and was about the 60%  so they did apply the statutory SMC S then  Oct 2 2015   been receiving the SMC S ever since

I just wanted to know if they should have applied/granted me the SMC S BACK IN 2003? WHEN i WAS GRANTED THE TDIU P&T DISABILITY DUE TO MY SERVICE CONNECTED DIDABILITY (PROFOUND HEARING LOSS)  IT IS OF NATURE AND NOT EXPETED TO IMPROVE IN VETERAN LIFE TIME  NO FUTURE EXAMS SCHEDULED.  OR WHEN THIS REGULATION WAS SET IN PLACE 2008?

I HAVE SERECH FOR ANYTHING MENTIONING HouseBound   (I come up empty)

[Buck52]

J Basser & broncovet

I had this in my c-file  from a claim I filed back in 2015 I was granted the 70%  Now Because I was already  TDIU P&T Disability is of nature and not expeted to improve in my life time and no future exams scheduled   I got the SMC S i Housebound.

 

 it has this in the EOBThis is what I copied  from it   from my c-file disk

 

''PERMANENT AND TOTAL (P&T) DISABILITY: The Veteran is considered by VA to be
permanently and totally disabled because of his/her service-connected conditions.
SPECIAL MONTHLY COMPENSATION:

The Veteran is receiving additional compensation for one
or more of the following: a service-connected loss of or loss of use of one or more specific organs or
extremities; a combination of severe disabilities; is 100 percent disabled and housebound, bedridden,
or in the need of the aid and attendance of another person.

SPECIALLY ADAPTED HOUSING and/or SPECIAL HOME ADAPTATION GRANT: Grants
provided by VA to service-connected veterans and service members to help build a new specially
adapted house, to adapt a home they already own, or buy a house and modify it to meet their disabilityrelated

 

Now my question is  was I eligible for this SMC S Housebound  when they adjudicated my claim back in 2002/2003 for profound hearing loss

10% for tinnitus in 2002   and the hearing loss 90% in 2003  and  then granted the TDIU P&T.

Beings I never Appeal this decision back then 2002/2003  for the SMC S Housebound  and all the years up until 2015 would it make sense that I file a claim on the retro and possible  EED.  or was I even eligible for it back then?

Would they come back with a denial because I never Appeal this decision back then and your claim was closed..making this a Freestanding claim and not permitted?

Anybody?
 

[broncovet]

Buck posted:

Quote

I don't think my Dr would state something like this  if I walk into his office  if I can walk then I am not substantially confined .

When you pre suppose "what your doctor will say/do", you are pretty much cutting your own throat.   You basically adversely pre decided your own claim.  

  Indeed, if you read CAVC case law, you will see that VA "has tried in the past" to deny Vets housebound, reasoning if they showed up for a housbound C and P, they cant be "substantially confined".   Howell struck that notion down.  

    As I have explained, when we try to "interpret YOUR interpretations" of your claims, our answers can be "no better" than your interpretation.  This is the reason attorney's dont do this.  If you seek representation, the attorney wants to see your decision.  Always.  They dont interpret YOUR interpretation.   If you are skilled at "interpreting" what your cfile says, then you dont need an attorney.  

    In the past, I have offered  my advice on what you should do:

1.  Request an audit of your retro.

2.  Get help from a lawyer, by taking or sending your file to an attorney.    

    I reiterate my previous advice.  

     

Edited December 4, 2020 by broncovet