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Aid And Attendance With Tdiu


I have a well known veteran on another forum telling me I should not be receiving the AA "L" award b/c I don't have a single SC rating of 100% and he states that is what is needed to get AA. I have filed and just had a C&P for an increase in my Level of AA to a higher award but now I am not so sure that was a good move b/c he said they may cut me off and I will be liable for an overpayment.

I received TDIU in 1997 based on a 70% PTSD rate and since then I filed for and received 20% Diabetes, 20% Spine/Back and 4 other at 10% rating for each, plus I have the SMC K for ED. I went to the BVA website looking up Veterans cases and see all through there where cases like mine are awarded Aid and Attendance with just a TDIU rate and here is a classic case:


So what am I missing here with him telling me something that is contradictory to what the Appeal board is saying???

I need a higher level as I have no one to help me, the person I had stole all my pain meds and some other things but I need someone who has medical qualifications. I missed 3 C&P's b/c I didn't have anyone to take me and the lady in the CP office got a Special Services to come and get me. I am completely unable to care for myself, I have no use of my legs and the CP doctor siad I had diabetic neuropathy in my legs and feet and the Nerve Conduction test showed nerve damage. I can't control my bladder as I cannot tell when I have the urge to go, it just happens, I live alone I am miserable, depressed, taking prozac and a lot of pain meds, methadone 120mg, lortab 10mg Soma 350mg and diabetes, high blood pressure and other junk, I had an auto repo'd b/c I forgot to pay for it but I haven't been able to drive for quite a while now anyway but I miss other bills, I have direct dep but I tend to forget things, especially taking my meds, sometimes I have taken them twice a day but now it is hard if not impossible to undue to tops, I cannot undue a toothpaste top much less brush my teeth, I haven't bathed in weeks and I know I am one nasty person but I can't help it, i do the best I can, I call a taxi to get him to go to the grocery for me and buy me junk. I feel like the bottom half of my body is dead weight and I just don't have the strength to pull myself, my arms and hands hurt like hell, I have tried crawling, the VA can't help me and I don't have money to hire anyone at what they want me to pay. I called merry maid to clean up wash clothes and stuff but my god they are expensive but they did a fairly good job but I know they were glad to get out of here b/c they kept spraying room freshener. I need a hospital bed but don't know how to get one. someone comes to the door and no way I can answer it. I have a neighbor who will bring mail and set it inside the door, I had someone try to get in through a window and didn't hear them but I keep a gun in my bed with me a 357 that should do someone a number but now I don't have the strength to even pull the friggin trigger, pitiful huh..all I know it that there is a cure for all of this that cost about 37 cents and if I can't get, find help soon I may have to see about that. I am almost 60 years old and believe it or not I use to be a body builder, I rode horses, hunted, fished and camped out in New Mexico and Colorado, I was in a 4 wheel club in the NM Mountains, skiied on the water and snow but I know how Chris Reed felt, I am afraid of getting pneumonia or some other dreaded lung disease, I don't smoke never have so that is a good thing but my pain meds I know I am addicted to those but it's either addiction or suffer a fate worse than what I am, so I take the addiction.

They don't stop pain but they alleviate it.

I am really sorry for such a long whiny email, I know you guys are busy but if you can read that BVA url and let me know what you know.

Thank you so much for reading this and your time. May God bless you and yours....

Best regards...


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3 answers to this question

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Some of the other vet forums dont have accurate advise.

Then again maybe the other forum person was not aware of the CAVC decision about a year ago that emphatically stated TDIU vets are as eligible for SMC as any other 100% veteran is.

I cant recall the case at the moment-

probably even some well paid vet reps out there dont realise a TDIU vet-if the medical evidence warrants it-can definitely be awarded any level of SMC.

There was discussion here at hadit when this CAVC case was won-I think NVLSP won it- will try to find it.

Edited by Berta

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PS I think this is it Bradley V Peake:


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Thank you Berta and now that you mention I do remember that case coming out but don't remember the details of it, however I will...but cases that go back way before that with the BVA are cases where Vets have only TDIU...so I question this man's judgement and he states he use to be a Regional Office Rater..I just don't know but again thanks for the input and heads up..you are wonderful..

Best Regards....



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      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

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