0% Rating

[HeathrowMan]

I received a 0% rating for ED. Someone said that you get a schedule K award. I did not see any mention in my letter I got from the VA. Only that 0% was awarded effective March 2008. No change in award amount. Is that correct.

[Pete53]

You should ask for a K rating from the VARO. If the 0% was awarded in the last year you should appeal and ask for a K award and a review of yout 0% award to give you the K award.

[HeathrowMan]

You should ask for a K rating from the VARO. If the 0% was awarded in the last year you should appeal and ask for a K award and a review of yout 0% award to give you the K award.

What justification do I use to ask award for a "K" rating as I just got awarded the 0 rating?

[rentalguy1]

Don't appeal. That could take it well over a year to hear anything on the claim. If you want a quick resolution to this, and to start drawing the compensation in less than 6-8 months, then on a VA Form 21-4138, state the following:

"I would like to formally file a claim for Special Monthly Compensation at the rate of "K" for my currently service connected loss of use of a sexual organ. This request is in accordance with 38 USC 1114 (K)."

Then send that request to the VARO via certified mail, return receipt requested. Be sure to keep a copy of the request.

[Teac]

What justification do I use to ask award for a "K" rating as I just got awarded the 0 rating?

You should request a de novo review, and cite CUE, doing so will preserve your effective date. Explain to them that you feel you are due the K award for loss of use. The va should not have awarded you 0% for loss of use, they should have just given the K award. Make sure to submit any new medical records.

If you submit a new claim you will lose any back pay you have coming.

Best of luck.

Average De Novo review at Houston Regional Office for me has been less than four months, could be longer or shorter depending on the regional office you use.

[George Patton]

What justification do I use to ask award for a "K" rating as I just got awarded the 0 rating?

ED is noncompensable--0% unless the penis is deformed. In any event, you are service connected for ED and SMC K is an automatic. I do not know how a rater could have missed that, unless he/she is not apt at entering SMC codes in RBA 2000 and some are not.

[HeathrowMan]

Thank you all for your guidance. I will follow your instructions and request "K" award. I'll let you know how I make out.