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brokensoldier244th
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Posts posted by brokensoldier244th
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Its always on the 1st, unless the 1st is a weekend or federal holiday.
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ROM on the day of. The usual canard is to approach the C&P as if it was your worst day, or, a bit more drastic, don't medicate for a few days prior.
CAS
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Usually I do my own claims-this is the first that I thought id do more than just fax a copy of what Im filing to the DAV guy. Hmm.
Here is what I faxed him this morning, and what I sent via VONAPP as well.
RE-claim Decision SMC-K for ED
Reply To:
I am filing a formal disagreement of the rating decsion for SMC-K made on 27JUN2011. In the decision it states that I am denied SMC compensaion for loss of use of a creative organ because I "did not have complete loss of use of erectile power…" and that I had previous complaints of premature ejaculation, for which Zoloft was prescribed. The decision did NOT note outpatient treatment records that show I am also prescribed Vardenifil, from4/20/2011, and continuing onward into 2012. Since loss of erectile power is demonstrated by this new and material evidence that was not noted in the original 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 a freaking idiot and if it were me I'd get rid of him/her. They're sure not helping and they have the right to sign off. Very dangerous. jmo
pr
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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....
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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
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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
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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.
Some yrs back I posted the regs, here, regarding "k" award for ED. They were emailed, to me, from a VA insider, for posting here and I believe tbird has them linked somewhere here. You may want to do some searching. The fact that you have children has nothing to do w/it.
As for your VSO NODing it, most write something like "The veteran disagrees with the decision" and nothing more. Without more info the claim will be denied and delayed again and again. You should check and see what the VSO stated in his/her NOD for you. jmo
pr
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I asked him to file a NOD-so he did....and....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.
I talked to my VSO this morning, and he said since there was no evidence of loss of use (since I have kids?) that it was denied. My daughter was born almost 3 years ago after some considerable effort. I filed for ED in Aug 2010, and when it was granted in March 2011 on appeal no mention of K was noted. SO, I refiled, just for K. ANd.....here we are.
CAS
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sorry! blank post from my phone the other day.
Excuse me for getting off topic... Congratulations 'Chuck75'.
Cmdr. Bob
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No heroic medical measures medically, just that at that point we had graduated beyond 'regular' relations because it pretty much didn't happen anymore, so we weren't worrying about having any more-we didn't think it was going to happen.
"My last daughter was born with some considerable work in 2008"
If this involved a medical process of some type, the medical records might be useful to backup an NOD.
Really, the issue also involves "quality of life", which the RO is trying to ignore.
If "normal" reproductive activities are impacted, there is justification for a claim.
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I've talked to him twice today to confirm that they denied it, and to have him NOD it as well. I also found out that VONAPP apparently drops claims on occasion-I had filed for depression/chronic pain in May but DAV could see no record of it pending anywhere in the system, so I faxed my confirmation page from Vonapp with my contentions and the Conf. # on it with the date stamp. Good thing I called him. Ill read the reasons and basis tonight when I get home and see what the nitty gritty is.
The mystery is somewhat solved. I read the Reasons and Basis when I got home, and it says that I have fathered children since I was discharged (not in dispute-its been a worsening problem-the ED, not the fathering! :-)) and my original complaint (and past ones) noted prematurity but not total loss of erectile power. (also not in dispute-its been a degenerating condition). The reasons and basis notes the Zoloft I was taking for premturity, but does NOT mention the Vardenifil that I take now, along with the zoloft.
My psychologist continued that through my PCP for my depression, and my PCP prescribed the other while the claim for SMC was in process, but they never noted the new medication in this decision.
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I talked to my VSO this morning, and he said since there was no evidence of loss of use (since I have kids?) that it was denied. My daughter was born almost 3 years ago after some considerable effort. I filed for ED in Aug 2010, and when it was granted in March 2011 on appeal no mention of K was noted. SO, I refiled, just for K. ANd.....here we are.
CAS
I was granted SC for ED secondary to DMII but the "K" was deferred. I filed a NOD and said there was no reason to defer this award since they gave me 0% for ED. I got a call a week later asking me if I had any other evidence and in a few more weeks I got the "K".
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Premature. :-)
CAS
Wait until you receive the official notice from the VA, before you get all worked up. Anything now is premature!
pr
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I'm almost 35. My ED symptoms have gotten progressively worse since 2002, stemming from a degenerative back injury to the lower lumbar spine. My ED decision states that there is the possibility of impingement of the nerves controlling that aspect of things, and that was the basis for the granting of ED. My last daughter was born with some considerable work in 2008. I filed for ED last year.
Man, I don't want to have to NOD this, too.
Are they going to be this much of a PITA for my depression filing as well?
CAS
Some RO at the VAMC is getting creative in denials. (again!) The only choice I can see is to NOD the denial.
The logic used (on the surface) is reasonable. However it may ignore the facts. Assuming the veteran has reached a "certain age",
It's very likely that any descendents were conceived well before ED related problems occurred. From the bare bones information provided,
I'd guess that this is the case. ED has an effect on the veteran's "quality of life" more than the existence of descendents. After all,
descendents are possible with ED. (Details omitted)
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Has anyone ever seen ED that was service connected, but denied compensation? My wife says I got a letter from the DAV that says compensation for ED was denied. I was granted service connection for ED in March on appeal, effective August of last year, rated 0%. There was no mention of SMC-K at that time in the award letter, so I filed a second claim specifically for SMC-K, with the basis of service connection being already granted for ED. Weird?
Why would the DAV send a letter if the decision isn't 'final'? All the other ones ive gotten from them were the same as the Basis letters from the VA, though, so my next question is WTH?
The letter (DAV) says:This letter is NOT intended to serve as your official notification from the Dept. of Veterans Affairs. You will receive an official decision from the VA upon completion of necessary administrative procedures. The VA reserves the right to modify the decision prior to your official notification.The DAV has reviewed the most recent VA decision concerning your claim for benefits. The VA has taken the following action(s):Entitlement to special monthly compensation based on loss of use is denied.If satisfied with this decision, no further action is necessary.
I just talked to the DAV and the VSO said that there was no evidence of loss of use since I have dependents. ???
I thought that loss of erectile power was considered for SMC-K for ED.
"Special monthly compensation may be paid for loss of use of acreative organ, as a result of service-connected disability.
38 U.S.C.A. § 1114(k); 38 C.F.R. § 3.350(a). Although the
term "creative organ" is not defined in the law or
regulations, the Office of General Counsel has held that a
"creative organ," as used in 38 U.S.C.A. § 1114(k), refers
to a procreative, or reproductive, organ. VAOPGCPREC 2-00.
In addition, where a veteran has loss of erectile power from
service-connected causes, he is also entitled to special
monthly compensation for loss of use of a 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
"creative organ" in 38 U.S.C.A. § 1114(k) or 38 C.F.R.
§ 3.350, other legal authority clearly establishes that the
penis is a creative organ, for purposes of entitlement to
special monthly compensation."
So, if you have service connected ED, and have dependents, and take ED drugs, you may still be denied SMC-K, according to him. Heads up *ahem* .
CAS
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I hope so, Phil, though its a pretty convoluted way of letting someone know what's going on by awarding something at 0 that has it's own separate category, and then not calling it compensation, and then having the VSO notify you that your claim was denied. What do the VSO's use as the basis of those letters, if the claim hasn't been fully 'done' yet?
It just threw me that the DAV letter said denied. From everything that I have read, if you are SC for ED, then it is rated 0% but paid at SMC-K rate. Ive read, here, and at VBN probably a hundred or more situations just like mine, minus the 'rated for ED but no comp.' part of the whole thing.
CAS
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It just threw me that the DAV letter said denied. From everything that I have read, if you are SC for ED, then it is rated 0% but paid at SMC-K rate. Ive read, here, and at VBN probably a hundred or more situations just like mine, minus the 'rated for ED but no comp.' part of the whole thing.
CAS
Wait until you receive your SOC and see what it says, then you can decide what to do next.
JMO,
Bergie
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I know I can do that, but im more concerned with having to drag out something relatively trivial. Most of the time im pretty easy going when it comes to the VA, but this (from my understanding of SMC-K) is just absurd.
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Has anyone ever seen ED that was service connected, but denied compensation? My wife says I got a letter from the DAV that says compensation for ED was denied. I was granted service connection for ED in March on appeal, effective August of last year, rated 0%. There was no mention of SMC-K at that time in the award letter, so I filed a second claim specifically for SMC-K, with the basis of service connection being already granted for ED. Weird?
Why would the DAV send a letter if the decision isn't 'final'? All the other ones ive gotten from them were the same as the Basis letters from the VA, though, so my next question is WTH?
The letter (DAV) says:This letter is NOT intended to serve as your official notification from the Dept. of Veterans Affairs. You will receive an official decision from the VA upon completion of necessary administrative procedures. The VA reserves the right to modify the decision prior to your official notification.The DAV has reviewed the most recent VA decision concerning your claim for benefits. The VA has taken the following action(s):Entitlement to special monthly compensation based on loss of use is denied.If satisfied with this decision, no further action is necessary.
If you disagree........(yadda yadda yadda.. NOD, etc).
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That is great news, Vetwife! IRIS told me yesterday that a decision has been made on my claim, too, but mine hasn't updated yet on the website so I'm still waiting a bit to find out what that decision is. Go do something cool!
CAS
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I usually have to wait between 2 days to a week for IRIS.
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I've had an SMC-k claim in decision for almost 3 months, and the ED was already rated. Those estimate numbers are based on a sample of some RO's from 2010. Your RO may be in a different universe.
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If you have a claim in process, do you really want them to pull your file out of where ever it is, just so you can look at it? That is why most RO's want you to call ahead, because your file is not in a state that is accessible to you, because its in the middle of the claim process.
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Righthaven lost in Federal Court.
http://www.wral.com/news/story/9729018/
They actually contract with the publishing newspaper for the rights, and then they pay the newspaper 50% of what they settle for. It is a sleazy deal that both are involved in. Look up the company on Google and check out Wikipedia's entry for them.
Denial Of Smc-K, Svc Connected For Ed Already
in SMC Special Monthly Compensation
Posted
I suppose the 'upside' is that my wife and I have been able to experiment a bit with other things, so emotionally we are okay. I just wish I didnt have to fight with VA over something so simple as this.
CAS