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]

If we can't inform the Dr how to write some things   or word things like the VA  likes  the Dr won't know how to word it  like   >>is least likely as not  or is likely as not housebound.  ect,,,ect,,

I just want to know if I am eligible to even file a claim for housebound back then?

where or what CFR Regulations states ''Veteran that is considered TDIU P&T due to his service connected disability's that his s.c. disability is of nature and not expected to improve in Veteran life time and as no exams scheduled=  >> meets the criteria for SMC S Housebound  where is that in the CFR Regs?and when was this put into law?  especially the part about meeting the criteria for SMC H.B.

I got the SMC S -H.B. some years later 2015  when I got the SMC S housebound  because I was TDIU P&T  And I filed another claim separate from what I was rated on my original claim  I got 70% for that  and that open door #2

In 2002/2003  SINCE I Never Appeal the decision  the VA  put the claim away   and after a year  it just stayed stagnated  (up in space  somewhere) or is kept for a certain amount of time  then it is considered a closed  claim  for certain amount of time And for a certain amount of time  then it becomes a ''standalone claim''  not permitted , --meaning its out of any appeals and the VA will not reopen it.

Now an audit or grounds for CUE for EED maybe different?   that's not considered a claim  but a review of your records in your C-file

Edited December 4, 2020 by Buck52

[broncovet]

You asked:

Quote

where or what CFR Regulations states ''Veteran that is considered TDIU P&T due to his service connected disability's that his s.c. disability is of nature and not expected to improve in Veteran life time and as no exams scheduled=  >> meets the criteria for SMC S Housebound  where is that in the CFR Regs?and when was this put into law?  especially the part about meeting the criteria for SMC H.B.

Its not a "CFR Regulation" its case law.  Bradley Vs. Peake.  Berry law firm explains it here:

https://ptsdlawyers.com/blog/bradley-v-peake-housebound-rate-160-percent/

Berry law firm has a toll free number, where you can call them to discuss your SMC, if you like.  Let me reiterate this:

When you call a law firm, you "do not" have to pay them for a consultation.  "Only" if/when you receive benefits do you have to pay them anything.  Feel free to verify this with Berry or another law firm.  After the consultation, "Then" you can BOTH decide (you and the law firm, they dont take every case), if you want to "engage" the law firm.  

You can take their advice and apply on your own.   This is EXACTLY what I did.  I hired Chris Attig.  He won a remand at cavc, and got paid 16,000 from EAJA.  I paid nothing.  He declined to represent me AT the BOARD, but offered the advice that I needed an IMO to win that, and even gave me a name.  

I took his advice, hired the IMO, won at the BVA, and got my benefits at 0 lawyer fees.  My only cost was an IMO where I paid 300 on my credit card each month for 2 months.  It was a large retro.  

Edited December 4, 2020 by broncovet