Loss Of The Use Of A Creative Organ

[dav_marine72]

Hi Everyone,

I filed for loss of use of a creative organ about six months ago based on the Zoloft I take and my service connected back and testicle issues. The VARO came back and denied it based on no nexus letter. Fair enough I'm going to the health center today to get the nexus letter my shrink is good to go with that stuff.

Here is my question. I understand I didn't file for the SMC until six months ago but there have been many documents of it in my VA medical records. The VARO admitted this in their denial. My question is that I had a hearing with a DRO back in December 2004. The hearing was not for loss of a special organ or ed. However, when talking about my sc back and testicle the loss of use came up.

Just to give you some background on my sexual dysfunctions I was diagnosed with OCD in the beginning of my mental treatment because I was addicted to masturbation based on trying to relieve my back and leg pains. By 2004 I was unable to masterbate because if I did I would be in extreme pain in my back and testicle. Here is the testimony.

This part of the hearing was based on my going after service connection for a mental disorder which as granted by the DRO at a later date.

Veteran: Yup. I was seeing them (VA shrink) for a whole bunch of issues, and one of them was off in the sexual realm. And I can't really ---I was talking with Dr. Va about this the other day, he said, well, how are you doing in that realm? And I said, Well, I don't have any problems with it because I can't do it.

DRO: Right

Veteran: Because one of the problems was chronic masturbation and it was all kinds of sexual type of stuff. I can't do anymore.

DRO: Because of your back?

Veteran: Yeah

DRO: And your testicle ---

Veteran: I do have sex

DRO: pain?

Veteran: on occasion with my live in girlfriend.

DRO: Uh-huh

Veteran: But I can't masturbate. If I masturbate, my back is totally ---

DRO: It just kills you.

Veteran: Freaked out.

DRO: Yeah

Veteran: So on that piece of it, thats pretty much all throughout ----

DRO: So your finally ----

Veteran: my

DRO: physically cured of that without having to worry about ------

Veteran: Right

DRO: The psychiatric end ---------

Veteran: In a strange way of a ------

DRO: --- of all the ------

Veteran: bad back and testicle thing

DRO: yeah

Veteran: took care of that. Because I just --------

DRO: That's not a good way to take care of things.

Veteran: No it's not.

DAV REP: It's extremely painful.

DRO: Yeah

Now in my current case I am claiming loss of use a of creative organ based on 200mg of Zoloft a day which doesn't allow you to climax, sometimes I can't get an erection from the back, and of course if I was able to have occasional sex as in 2004 I would be in extreme pain after doing it.

My question is shouldn't the DRO has raised the issue that the use of my creative organ at the time was limited / lost based on not being able to masturbate and being extremely painful when I could have sex. Or does it mean nothing except maybe to help my back and testicle ratings which are coming back to the BVA to be re-evaluated back to 2000?

Thanks.

[Vync]

I'm still new to the claim process, but understand the connection between back pain and it's side effects. If I have to escalate my back claim to the DRO, I am taking a list of talking points so that nothing gets overlooked. I don't know if this helps much, but others with DRO experience should be able to chime in on it.

[john999]

You told the DRO that "You do have sex". That hurts a inferred claim for loss of use of a creative organ. Now being on Zoloft you want your shrink to say that you are totally unable to have conventional sex. Don't say you have pain when you have sex. Your nexus letter should say you are unable to get an erection and climax period. Do you take viagra? This would show that you have been DX'ed with the problem. It is only about 90 dollars a month extra.