I have sorta been down that route. I applied for A and A, based "not" on that I need help tying my shoes or taking a bath, "but", my wife reminds me to take my pills, "or" I can sink into a depression (from not taking the meds), and, in that state, I can cause harm to myself.
My claim was denied. Its documented I forget to take my pills "without" my wife reminding me.
The VA has or did have a program where they would call the Veteran every day to remind them of the pills. It was a robo call. I hate robo calls. But I had to admit that I did not need assistance "other than" being reminded to take my pills.
I should have, but did not appeal on this basis. Remember, the VA, because of Chevron deference, gets to interpret its own regulations, "unless they are arbritrary and capricious".
Its a very tough standard to meet, showing the VA was interpreting its regulation "arbritrary and capricious manner" probably a higher legal standard than that of CUE.
With arbritrary and capricious, you are basically challenging the VA, saying they hate Veterans, and have a mean intent to damage you, and they did so for no good reason (arbritrary), such as denial because you like Star Wars films.
I do think maybe Mr. Carpenter should take this one on, and argue for the Veteran that he meets the standard you quoted in bold, above, and the VA is taking advantage of a Veteran with a mental disability, which should not happen. Its like the VA is taking advantage of you because of your disability.