BVA9504931 DOCKET NO. 93-08 471 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, Illinois THE ISSUE Entitlement to special monthly pension at the housebound rate. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD K. E. Harrison, Associate Counsel INTRODUCTION The veteran had active service from June 1947 to February 1952. This matter came before the Board of Veterans' Affairs (Board) by an October 1992 rating decision by the RO which determined that he was not entitled to special monthly pension. In a November 1990 rating decision, it was decided that the veteran was permanently and totally disabled for pension purposes, effective from September 27, 1990, and that he was a patient in a nursing home. In his award letters, it was noted that the veteran had been assigned additional allowance based on "aid and attendance" benefits. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that even though he does not have a permanent disability rated as 100 percent disabling, he still feel helpless and is confined to his home. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that a preponderance of the evidence is against the claim of entitlement to special monthly pension based on housebound status. FINDINGS OF FACT 1. The veteran does not have a single disability permanently ratable as 100 percent disabling. 2. The veteran is not permanently housebound by reason of permanent disability. CONCLUSION OF LAW The veteran does not have a disability rated as 100 percent disabling; nor is he permanently housebound. 38 U.S.C.A. §§ 1502, 5107, 7104 (West 1991); 38 C.F.R. §§ 3.351(d), 4.97, 4.104, 4.132, including Codes 6603, 7005, and 9206 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION Background. The veteran filed a claim for housebound benefits in May 1992. The veteran is service connected for arteriosclerotic heart disease, status post coronary artery bypass graft and hypertension, rated as 60 percent disabling; chronic obstructive pulmonary disease, rated as 10 percent disabling; and bipolar disorder rated as 10 percent disabling. A June 1992 physical examination reveals that the veteran complained of shortness of breath, but denied having any chest pains. The heart tone was distant and regular and there was no cardiomegaly. The left dorsalis pedis was faint; the right dorsalis pedis and both posterior tibial pulses were not felt; and the lungs were clear to percussion and auscultation. A June 1992 VA aid and attendance/ housebound status examination revealed that the veteran went to the grocery store, post office and to the hospital. The report also revealed that the veteran was able to walk a mile without assistance and that he left the house daily. In October 1992 the RO denied entitlement to housebound benefits. Analysis. Special monthly pension based on housebound status may be granted when in addition to having a single permanent disability rated as 100 percent disabling, the veteran is permanently housebound by reason of disability or has other disability independently ratable at 60 percent or more. This requirement is met when the veteran is substantially confined to his or her dwelling and the immediate premises and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime. 38 U.S.C.A. § 1502 (West 1991); 38 C.F.R. § 3.351(d) (1994). As cited above the threshold requirement for special monthly pension based on housebound status is that the veteran have a single permanent disability rated 100 percent disabling. The veteran's current service-connected disabilities include arteriosclerotic heart disease, status post coronary artery bypass graft and hypertension, rated as 60 percent disabling; chronic obstructive pulmonary disease, rated as 10 percent disabling; and bipolar disorder rated as 10 percent disabling. The criteria for a 100 percent rating are not met for any of the veteran's service-connected disabilities. A 100 percent rating for arteriosclerotic heart disease may be granted when the evidence of record shows that the veteran has chronic residual findings of congestive heart failure or angina on moderate exertion. 38 C.F.R. § 4.104, including Code 7005. (1994). In a June 1992 VA examination the veteran denied having chest pains. Physical examination of the heart revealed a distant and regular heart tone. There was no cardiomegaly. The right dorsalis pedis was faint, the right dorsalis pedis and both posterior tibial pulses were not felt. The current symptomatology is not reflective of a 100 percent rating. The veteran's current impairment of the heart is less than 100 percent disabling under Diagnostic Code 7005. The record also reveals that the veteran does not meet the 100 percent rating criteria for his service-connected chronic obstructive pulmonary disease. A 100 percent rating for chronic obstructive pulmonary disease may be granted when the veteran's symptoms are pronounced; intractable and totally incapacitating; with dyspnea at rest, or marked dyspnea and cyanosis on mild exertion; or the severity of his chronic obstructive pulmonary disease is confirmed by chest X-rays and pulmonary function test. 38 C.F.R. § 4.97, including Code 6603 (1994). A June 1992 VA examination revealed that the veteran denied having a cough, his lungs were clear to percussion and auscultation, he had a scar over the sternum, he had shortness of breath and he walked about a mile a day. The evidence of record does not reflect that the veteran meets the criteria of a 100 percent schedular rating for this disorder. Furthermore, the veteran has not met the criteria for a 100 percent rating due to his service-connected bipolar disorder. In order to receive a 100 percent rating for a bipolar disorder the veteran must provided evidence showing that he has active psychotic manifestations of such extent, severity, depth persistence or bizarreness as to produce total social and industrial inadaptability. 38 C.F.R. § 4.132, including Code 9206 (1994). The veteran has not provided any evidence to support a rating of 100 percent for bipolar disorder. Even if the Board were to find that the veteran has a disability rated as 100 percent disabling, it is neither shown nor contended that the veteran is substantially and permanently confined to his home as a direct result of his disability. 38 U.S.C.A. § 1502 (West 1991); 38 C.F.R. § 3.351(d) (1994). The evidence of record shows that the veteran goes to the grocery store, post office and to the hospital. It is also shown that the veteran was able to walk a mile without assistance and that he leaves his house daily. In the absence of evidence of a single disability permanently ratable as 100 percent disabling, the claim for special monthly pension based on housebound status must be denied by operation of law. Sabonis v. Brown, 6 Vet.App. 426 (1994); 38 U.S.C.A. § 1502 (West 1991); 38 C.F.R. § 3.351(d) (1994). ORDER Entitlement to special monthly pension based on permanent housebound status is denied. STEPHEN L. WILKINS Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.