Howell v Nicholson

[Mr cue]

Ok some say it not percendent other say it is.

Smc s for been Housebound by fact the problem seem to be that there are no bva decision which address housebound by fact.

Ok plz don't change the post we aren't talk about statutory housebound. Which is the 100/60 thing.

Ok in Howell the court state what Congress attend was for smc s housebound by fact.

Not been able to leave one home to make a income.

The VA manual only address you can't denied because a veteran can travel to medical appointments.

That all it address from Howell v Nicholson percendent 

It is my belief that veterans who are unable to leave there home to make a income. Are housebound by fact.

But I can seem to find one bva decision that address housebound by fact.

They are all based on the 100/60 thing it crazy to me.

Ok if the VA are to infer smc benfits when a veteran become eligible.

I believe it would be a cue.

But I choose to apply first. An save the cue. If I lose the effective date issue. I will cue. 

Since I been on this mission I have got smc l and half. Effective when I apply.

They have been fighting hard not to address any time period before I apply.

I am now at the cavc the 2nd time and the VA lawyer on the case will not address that smc is to be inferred.

Keep saying the effective date is the date of the formal claim and there is no informal claim in the record.

An the VA stop informal claim in 2015 so the VA has no reason to address any informal claims.

See how they are make the owe rule or just think the court is Crazy.

Howell v Nicholson Barkley v Peake

Many more address smc benfits and there effective dates.

Well my ? Is does or have anyone seen a decision based on housebound by fact.

 

 

 

[broncovet]

On VA's website, they have taken a stand as to "their interpretation" of Howell.  

Its here:

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000014868/Howell-v.-Nicholson,-Mar-23,-2006,-19-Vet.App.-535#:~:text=The Court held that leaving,§ 1114(s).

As a result of Howell, the VA is not supposed to automatically deny Vets seeking housebound based on the fact they showed up at the docs office for a c and p exam.  The VA previously  reasoned, "if you show up at the docs office for a housbound exam, that alone is proof you are not housebound."

     No where does it say that the VA will approve EVERY TDIU Vet for housebound, based only on the fact he is not leaving the home "for work", because he is not working.  

     While I do agree with your interpretation that Howell suggests if "you are tdiu", then you cant leave the home for work, and you should get SMC S.   VA does not see it that way.  Unfortunately, "our interpretations" of Howell dont matter that much.  Only the VA and the judges interpretations actually make a difference.  

     The biggest reason is because of Chevron Deference.  Chevron, a US Supreme Court decision, "trumps" other lower court decisions.  And, Chevron deference means the VA gets to interpret its own regulations as they see fit.  Yes, I know its maddening.  

      But time and time again, "not only" does VA interpret the regulations as they see fit, they change those interpretations to suit themselves.  

     And, in the link above, VA "interpreted Howell" to mean:

Quote

M21-1MR, Part IV, Subpart ii, Chapter 2, Section H, Para. 46(b) should be amended to incorporate the Court’s holding that leaving one’s house for medical purposes does not preclude entitlement to SMC housebound benefits.  No other Manual or regulatory revision is warranted. 

It "does not" mean that every tdiu gets SMC S because he is not leaving the home for work.  I wish it did.  

Edited May 23, 2022 by broncovet

[Mr cue]

17 minutes ago, broncovet said:

No where does it say that the VA will approve EVERY TDIU Vet for housebound, based only on the fact he is not leaving the home "for work", because he is not working

Did I say that the VA manual said ever tdiu should be get smc s.

Did you read the Howell decision.

I think not.

What was Congress intend for smc s.

So the VA can  overrule Congress intend for a benefit. Smh

The VA only address not denied veterans.

How is it granted.

There alit mire to it

 

[Mr cue]

Well today I really took my time to try and find a decision were the VA or bva granted housebound by fact.

Seem to me that doesn't happen.

If other can find a decision or have a decision that address housebound by fact please post it because this is crazy to me that it seem the VA just choose never to grant it or address it.