SMC-l Aid and Attendance

[Paul USMC]

I have been 100% P&T since 1989. Recently my conditions have gotten worse and I went to my VA Doctor and she filled out an Aid & Attendance form very favorably. My question is will VA grant the SMC-l out right based upon her favorable findings. Or will they call me in for a C&P exam?

[Paul USMC]

2 hours ago, broncovet said:

Since your prime care doc already filled out the exam, it sounds like it would be redundandt  to require another exam.   However, I did not read the exam, so I have no idea if the exam was sufficient for rating or not.   If you want to study this, you may be able to find out if the exam was sufficient or not.  There are certain things the exam must have to be sufficient for rating.  And, your doctor may or may not have complied with that criteria.  

Further, your rating specialist still has discrection here.  Its like picking the winner of an NFL game, the "consensus favorite" does not always win.  

You have little choice but to wait to see if VA requires another exam.  Based on what you posted, I would estimate the odds at 60 percent no exam 40 percent yes exam, making an assumption your prime care doctor knew what they were doing AND your rating specialist likewise knew what they were doing.  Either of these assumptions could be false.  

Thanks for your insight and response.  The VA Primary Care Doctor listed all my disabilities and affirmed I need assistance with Daily Living like bathing, medicine applications. and toileting and getting dressed. I believe all the bases were covered but I am unfamiliar with how the VA would accept it. I also had my wife and son write Lay Witness Statement attested to the fact they they assist in my daily living needs. I have been to C& P exams in the past and do not trust that venue at all.

[namvet6567]

Unfortunately, you have good reason for not trusting the VA.  Sorry, but I still "feel" the VA will still need to order the exam, which will probably include an evaluation by a social worker.  I hope I'm wrong, but these are the same folks who couldn't get my SS records, for 5yrs, even though they were in the same bldg, one floor down.  Or that I had to appeal an HB claim for over 21 yrs, when the evidence was there 31 yrs prior.  I hope you get your award!

[jamescripps2]

In my own case, beyond the 2680 that I submitted for A&A, no C&P exam was ordered and, the claim was granted. That is not the usual practice. Generally, there will be a C&P ordered upon the VA receiving a 2680 claiming a need for A&A.
not the usual practice. generally, when the VA receives a 2680 claiming the need for A&A, a C&P is ordered.

As far as getting an effective date back to 1989, I think that your 1989 date predates the statute that required the VA to consider A&A/HB, so it would not apply.
consider A&A upon the granting of a new 100% award. Your case will be considered in light of whatever law was in
 effect at the time of your grant of 100%.
 
The following Court precedant might help

See Akles v. Derwinski, 1 Vet. App. See Akles v. Derwinski, 1 Vet. App. 118 (1991)

Edited January 9 by jamescripps2

[namvet6567]

My claim, for HB, which was awarded in 9/20 retro to '89 was basically awarded and appealed on that criteria the whole time.  Just sayin'.

[john999]

Just from my experience I would think the VA would order a C&P just to take a look at you.  If you do go for an exam just be sure to look your worst.  If you could arrive in a wheelchair that would be best.  Make sure someone else brings you to the exam.  I got HB due to 100% plus 60%.  That is the easiest way.  I would prepare for a battle and hope they use common sense.  There are people that are experts with these things, and I mean No Result.  VA tends to give lowest rating for A&A as possible.

[jamescripps2]

I used the court precedent Akles v Derwinski to substantiate and recover ten years retro pay at the R-1 rate.