SMC-L Aid/Attendance Question

[8th&IMarine]

I'm 100%P&T schedular AND TDIU. Prior to receiving my 100%, I had a THR in 2017 and received SMC for a year, which is standard. They then cut me off the SMC in Dec, 2018. When I won my appeal for numerous disabilities and was awarded the final rating in 2019, I did not receive SMC (aid/attendance). Three questions:

 

 1- It is my understanding that when awarded 100%, the VA is obligated to consider SMC for aid/attendance regardless of whether or not it was included in the claim. Because I did not get it, does that mean they looked at it and decided against it? I was going to write an "informal" letter to my Regional Office asking them to look but don't know if that's the proper avenue to take. If not, I am assuming I need to file a claim for SMC-L and I have read that I need to start by filing a form 21-2680. Isn't a formal disability claim necessary first and then it would begin the whole forever process of a normal claim and C&P exam where the 21-2680 would be filled out by the examiner?

 

2- My need for aid/attendance is primarily related to bending over problems such as tying shoes, putting on socks, washing feet, and clipping nails, or picking up items off the floor. Is this enough to get aid/attendance? I found this case (https://www.va.gov/vetapp12/files2/1213019.txt) and it very similar to mine (with the exception of the guy faking the severity of his conditions) and it leads me to believe I would be wasting my time.

 

3- Extra Credit Question : My individual ratings add up to 270%, thus the 100% schedular rating, and my TDIU was won on appeal AFTER the 100% was awarded. So, am I restricted for work under TDIU?

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[broncovet]

1.  Yes, I agree with you.

2.  IS/did your doctor indicate, "you needed the assistance of another person"?  If so, your chances are good. 

3.  No you are not "restricted" to work, however, if you did earn over the poverty level in the period of a year, your tdiu could be reduced.  But that probably wont change your compensation even if tdiu were taken away, given you are 100 percent schedular without tdiu.  

 

[8th&IMarine]

17 hours ago, broncovet said:

1.  Yes, I agree with you.

2.  IS/did your doctor indicate, "you needed the assistance of another person"?  If so, your chances are good. 

3.  No you are not "restricted" to work, however, if you did earn over the poverty level in the period of a year, your tdiu could be reduced.  But that probably wont change your compensation even if tdiu were taken away, given you are 100 percent schedular without tdiu.  

 

Thanks for the quick response. Think i'm gonna try for SMC. Only thing I worry about is the exam. I'm P&T but I worry that a bad exam could cause them to try to lessen my disablilities. Guess I don't trust C&P examiners too much. Some really pay attention, others just sit in front of their keyboard and don't seem to care. Took me 12 years of fighting to get this and I sure as hell don't want to be reduced. This site has been invaluable in advice and has helped me so much to get here without any VSO's or outside help.

And so the process begins,again!!