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Ok let look at housebound by fact.


Mr cue

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Ok I am address housebound by fact.

Not smc for having 100@60%

No need to bring that to this post we understand that.

Now let look at housebound by fact and what it mean.

Howell versus Nicholson, March 23, 2006 number 04-0624 CAVC “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 purposes. The Secretary, citing to Senate Report No. 1745 (June 27, 1960), notes that in passing section 1114(s) Congress intended to provide additional Compensation for veterans who were unable to overcome their particular disabilities and leave the house in order to earn an income as opposed to an inability to leave the house at all. Mr. Howell does not contest this interpretation.

 

 

To the extent substantial confinement does not include departures for medical purposes, we agree that the interpretation that the Secretary presents in his supplemental briefing is reasonable and consistent with statute and regulations. See Jackson, Thompson, and Cropper, all supra.

Accordingly, we hold that leaving one’s house for medical purposes cannot, by itself, serve as the basis for finding that one is not substantially confined for purposes of SMC-HB benefits, and the Board’s interpretation of section 1114(s) to preclude the grant of SMC benefits on the basis of Mr. Howell’s leaving his house in order to attend VA medical appointments was erroneous as a matter of law.

Ok from all this I can't see any other veterans this would apply to but tdiu veterans who are pt.

 

We have never been able to leave are homes to make a income

What evidence do we have the employment question paper we had it have to do prove you have never been able to leave for a income.

Now I could be wrong but I feel the court has already set this in stone.

I don't see many tdiu veterans getting housebound by fact tho

 

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O I forgot the big part the va  will say that your tdiu is based off all your condition to not address this.

Your tdiu must be based off one condition. To get Housebound by fact.

 

Ok I will use me in this one.

I was granted tdiu 60% neck condition nothing else 2001.

 2018 I apply for houseboat by fact.

First it was my tdiu is based off all condition.

To get tdiu based on different condition the combine rating must be 70%

They lost that one 

Now I just got denied again because I could travel to medical appointments. Smh.

I can't make this up so now I am back at the court.

For they to address Howell v Nicholson percendent again.

And I just got denied.

For the same reason Howell because I could travel to medical appointments.

I can't make this up lol

If you get tdiu granted one  condition. 

You should be get smc housebound by fact.

If your tdiu was granted at 60% it is based in one condition.

 

Crazy part I believe a 100% veteran who has not left his home to make a income. Should be get housebound by fact.

I could be wrong

How would they show they never left there home to make a income.

SS income statement.

I could be wrong 

 

 

 

 

 

 

 

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I had that issue pretty much come up with me also.  Since Im TDIU, "I cant leave the home FOR WORK, because Im not working."   

So, I appealed my decision, citing Howell, that "congress intended this" for Vets "unable to leave the home for work", not "just" not leaving the home for doc appointments.  

Of course, VA does not want a precedence set here.  They want to be able to continue denying TDIU for housebound..by avoiding the issue.  They well knew I would appeal.  

So, they punted.  They awarded some other benefits, which entitled me to statuatory Housebound, so I could not appeal.

You see, its "case or controversy".  I can apeal a denial of housebound, but I cant appeal an award of housebound for reasons I dispute, to help other Vets.  

The appealable issues are as follows:

1.  Denial of SC or denial of SMC.  

2.  Disability percent dispute.

3.  Effective date dispute.  

     These are the issues we can appeal.  We cant appeal that, altho we got our benefits, we did not like their duty to assist.  There is no controversy, I got my benefits.  And, whether or not I like their reasons for awarding benefits, is not an appealable issue (as it should not be).  

     So, some other Vet will need to "hold VA's feet to the fire" in Nicholson's explanation of "congress intent" of housebound.  

     VA does not mind awarding ONE vet housebound, they just dont want to award every Vet who is tdiu housebound, because that is thousands of Vets.  So, they awarded me housbound without the Nicholson issue being addressed.  

Of course, the above is my opinion only and may be disputed by others.  

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I would have to. Disagree with that one.

First I had to apply for smc to get it started.

And yes they grant me statutory housebound also.

But I appeal to the court.

The court set a side the granted smc s and l

And told the va to address early time period.

Well to not address it the board change the cavc remand order.

And remand the same effective dates to be granted in the first instance.smh

So now I am back at the court again to have the Howell v Nicholson percendent address again. Smh

I stated all this because you could have appeal it to court the court will not mess with a granted issue.

But they can set it a side.

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