Denial Of Smc-K, Svc Connected For Ed Already

[brokensoldier244th]

Thanks, Bob! I found that while googling around. It looks like just what I need. Do I print out the whole thing and put it in with the packet, or just reference it?

CAS

http://www.va.gov/ve...les/0304600.txt

[Philip Rogers]

Your VSO's NOD, of that poor quality, more or less, guarantees a subsequent denial, an appeal to the BVA and remand back to the RO for development. I foresee 3-6 more yrs of jerking your claim around, just based on that NOD. jmo

pr

I asked him to file a NOD-so he did....and....i got it in the mail today. It said "the veteran disagrees........after adjudicative activity please notify this office."

NO specifics or anything, so tonight, after getting home after being gone 4 days and type up a proper NOD-noting, among other things, that I have vardenifil prescribed, so there is the loss of erectile power, and I shouldn't have to quote the CFR back to them, that says nothing about my having kids.

[Philip Rogers]

BVA decisions are not precedent setting and generally can't be used in claims, however you can excerpt those portions, that fit your claim, into your brief, which is what I would do. jmo

pr

Thanks, Bob! I found that while googling around. It looks like just what I need. Do I print out the whole thing and put it in with the packet, or just reference it?

CAS

[brokensoldier244th]

Here is what I faxed him, and faxed VA last night.

I am filing a formal disagreement of the rating decsion for SMC-K made on 27JUN2011. In the decisionit states that I am denied SMC compensaion for loss of use of a creative organbecause I "did not have complete loss of use of erectile power…" and that I had previous complaints of prematureejaculation, for which Zoloft was prescribed. The decision did NOT noteoutpatient treatment records that show I am also prescribed Vardenifil, from4/20/2011, continuing onward until 2012. Since loss of erectile power isdemonstrated by this new and material evidence that was not noted in theoriginal claim, please re-examine this claim and find accordingly.

Prescription Name

VARDENAFIL HCL 20MG TAB

Fill Date

7/5/2011

Dispensed On

6/29/2011

Status

Active

Facility

VA CENTRAL PLAINS HEALTH NETWORK - OMAHA DIVISION

Ordered On

4/20/2011

Quantity

2

Refills Remaining

9

Expiration Date

4/20/2012

There is also nothing in CFR 38 that says anything about whether or notmy having dependants (the last, fathered with considerable effort over 2 yearsago) has anything to do with whether or not I am entitled to special monthlycompensation for this claim, filed in March 2011.

See also:

Citation Nr: 0304600

Decision Date: 03/13/03 Archive Date: 03/24/03

DOCKET NO. 01-10 211 ) DATE

)

)

On appeal from the

Department of Veterans Affairs (VA) RegionalOffice (RO)

in Montgomery, Alabama

"Special monthlycompensation may be paid for loss of use of a

creative organ, as aresult of service-connected disability.

38 U.S.C.A. § 1114(k);38 C.F.R. § 3.350(a). Although the

term "creativeorgan" is not defined in the law or

regulations, the Officeof General Counsel has held that a

"creativeorgan," as used in 38 U.S.C.A. § 1114(k), refers

to a procreative, orreproductive, organ. VAOPGCPREC 2-00.

In addition, where a veteran has lossof erectile power from

<br style="mso-special-character:line-break"><br style="mso-special-character:line-break">

service-connected causes, he is alsoentitled to special

<br style="mso-special-character:line-break"><br style="mso-special-character:line-break">

monthly compensation for loss of use ofa creative organ. VA

Adjudication Procedure Manual, M21-1, Part VI, 11.25

(Change 85, April 4, 2002); see 38 C.F.R. § 4.115b, Code

7522.Therefore, although not specifically identified as a

"creativeorgan" in 38 U.S.C.A. § 1114(k) or 38 C.F.R.

§ 3.350, other legalauthority clearly establishes that the

penis is a creativeorgan, for purposes of entitlement to

special monthlycompensation."

Your VSO's NOD, of that poor quality, more or less, guarantees a subsequent denial, an appeal to the BVA and remand back to the RO for development. I foresee 3-6 more yrs of jerking your claim around, just based on that NOD. jmo

pr

[halos2]

How would they know you didn't have the sperm aspiration route, instead of assuming the traditional method. Plus some years back you were able to perform and now with the administration of medication, you lost that ability.So they don't care to read about side effects when challenged with a claim resulting from this. Why don't they do their jobs the first time? I know all of us think that too when we get our denials, and have to appeal...just thinking our loud....

[brokensoldier244th]

My wife and I talked about that, too. We are 'active' just in different ways now. The progression from prematurity to non-erection has been an ongoing one, and has been a complaint of mine for years. It wasn't until the last 3-4 years that I started investigating it separately from everything else. Really, though, the point is that if the ED is SC, then there is no reason, especially with the prescription of levitra, that SMC should be denied-at least that is how I look at it. They are the one prescribing it, too.

CAS

How would they know you didn't have the sperm aspiration route, instead of assuming the traditional method. Plus some years back you were able to perform and now with the administration of medication, you lost that ability.So they don't care to read about side effects when challenged with a claim resulting from this. Why don't they do their jobs the first time? I know all of us think that too when we get our denials, and have to appeal...just thinking our loud....