Is Smc-K Automatic Upon Granting Of 0% Ed?

[brokensoldier244th]

I got my response from VA for my appeal of Erectile Dysfunction/Sexual dysfunction and Radiculopathy of the left leg.

I was denied on DRO for Radiculopathy due to a C&P and an EMG that didn't find sufficient clinical evidence. Okay.

I was GRANTED 0% for ED/Sexual Dysfunction,secondary to invertebral disc syndrome (already rated), effective date 31AUG-SO.....The letter says my rating remains unchanged-I get that, because its a rating due to etiology and not physical deformity.

The letter says that my compensation payment will continue unchanged. Is SMC not considered 'compensation'?

-I thought ED/Sexual Dysfunction fell under SMC-K and was compensable that way? What happens now? When, how does SMC-K kick in, or does it?

Since its not mentioned in my rating letter, do I appeal again, or apply for it separately, or is it 'inferred' as party of the rating as VA Watchdog seems to say? (near the bottom)

http://knol.google.c...i4hm0dxfnnzs/5#

Edited March 26, 2011 by brokensoldier244th

[PatriotVet73]

I am in the same boat. Rated 0% ED immediately after leaving service. Did you get SMC-K? Did they pay retro?

[sharon]

Yes, SMK is automatic. It is about $95. You should recieve a retro check. It does not effective your rating, however, it does effect your payments.

[Philip Rogers]

I believe it is an inferred issue. I'd just send them a note stating they made an error, in not awarding an SMC "k" award, and requesting that they correct it, promptly. jmo

pr

I got my response from VA for my appeal of Erectile Dysfunction/Sexual dysfunction and Radiculopathy of the left leg.

I was denied on DRO for Radiculopathy due to a C&P and an EMG that didn't find sufficient clinical evidence. Okay.

I was GRANTED 0% for ED/Sexual Dysfunction,secondary to invertebral disc syndrome (already rated), effective date 31AUG-SO.....The letter says my rating remains unchanged-I get that, because its a rating due to etiology and not physical deformity.

The letter says that my compensation payment will continue unchanged. Is SMC not considered 'compensation'?

-I thought ED/Sexual Dysfunction fell under SMC-K and was compensable that way? What happens now? When, how does SMC-K kick in, or does it?

Since its not mentioned in my rating letter, do I appeal again, or apply for it separately, or is it 'inferred' as party of the rating as VA Watchdog seems to say? (near the bottom)

http://knol.google.c...i4hm0dxfnnzs/5#

[brokensoldier244th]

Like, an official 'Statement of Claim' note, an IRIS note, a note to my VSO? (already emailed him.....)

What would be the best/fastest way?

Thanks, P.

CAS

I believe it is an inferred issue. I'd just send them a note stating they made an error, in not awarding an SMC "k" award, and requesting that they correct it, promptly. jmo

pr

[Chuck75]

Radiculopathy translates to pain caused by such things as invertebral disc syndrome. I'd appeal, particularly if pain was not mentioned in the C&P. (Inadequate C&P, etc.)

I assume your medical records have some pain related entries. SMC K is usually awarded for ED. It may be that the RO used the 0% (which I'd argue about), as an excuse to say that no compensation was appropriate. Would you mind mentioning the VARO's location? The last time I looked, SMC K was commonly awarded for missing or non functional sexual organs, with ED being one of the not otherwise rated conditions.

Harrisons' Illustrated Medical Encyclopedia is one of the accepted references. AN EMG or other tests might not show conditions that are sufficient to cause intermittent high levels of pain. The root cause, invertebral disc syndrome, has pain as a common symptom. Nerves are often impacted, and complain - sometimes a lot! I'd talk to a non VA specialist, and see what they think. (It's even possible that the RO decided to deny, in order to reduce paperwork, and get credit for the disposition before the end of the RO's accounting period.)

Do you have a copy of the C&P? If not, obtain one. You can usually get your treating VA facility or clinic to print a copy, once it's in your electronic file. Since C&Ps are often less than they should be, review by an outside doctor, (Board Certified Specialist preferred) can result in an IMP that refutes the C&P.

Just a letter to your VSO may not be in your best interest. A prompt and detailed NOD is likely your best bet.

I got my response from VA for my appeal of Erectile Dysfunction/Sexual dysfunction and Radiculopathy of the left leg.

I was denied on DRO for Radiculopathy due to a C&P and an EMG that didn't find sufficient clinical evidence. Okay.

I was GRANTED 0% for ED/Sexual Dysfunction,secondary to invertebral disc syndrome (already rated), effective date 31AUG-SO.....The letter says my rating remains unchanged-I get that, because its a rating due to etiology and not physical deformity.

The letter says that my compensation payment will continue unchanged. Is SMC not considered 'compensation'?

-I thought ED/Sexual Dysfunction fell under SMC-K and was compensable that way? What happens now? When, how does SMC-K kick in, or does it?

Since its not mentioned in my rating letter, do I appeal again, or apply for it separately, or is it 'inferred' as party of the rating as VA Watchdog seems to say? (near the bottom)

http://knol.google.c...i4hm0dxfnnzs/5#

Edited March 27, 2011 by Chuck75

[brokensoldier244th]

Radiculopathy translates to pain caused by such things as invertebral disc syndrome. I'd appeal, particularly if pain was not mentioned in the C&P. (Inadequate C&P, etc.)

I assume your medical records have some pain related entries. SMC K is usually awarded for ED. It may be that the RO used the 0% (which I'd argue about), as an excuse to say that no compensation was appropriate. Would you mind mentioning the VARO's location? The last time I looked, SMC K was commonly awarded for missing or non functional sexual organs, with ED being one of the not otherwise rated conditions.

Harrisons' Illustrated Medical Encyclopedia is one of the accepted references. AN EMG or other tests might not show conditions that are sufficient to cause intermittent high levels of pain. The root cause, invertebral disc syndrome, has pain as a common symptom. Nerves are often impacted, and complain - sometimes a lot! I'd talk to a non VA specialist, and see what they think. (It's even possible that the RO decided to deny, in order to reduce paperwork, and get credit for the disposition before the end of the RO's accounting period.)

Do you have a copy of the C&P? If not, obtain one. You can usually get your treating VA facility or clinic to print a copy, once it's in your electronic file. Since C&Ps are often less than they should be, review by an outside doctor, (Board Certified Specialist preferred) can result in an IMP that refutes the C&P.

Just a letter to your VSO may not be in your best interest. A prompt and detailed NOD is likely your best bet.

Lincoln, NE. This appeal was filed under a NOD in October, I just don't want to drag it out more, I guess. I have a copy of all the C&P's, and consultation notes. Ive been rated for my other leg and lumbar spine for about 6 years. C/P said decreased sensation of the left great toe, but otherwise nothing, that she noted that would be radiculopathy, even though im already rated for my right leg. She said the C&P was specifically for radiculopathy not my lower back or pain, so the pain and other things were things she didn't need to hear about since it was in the treatment notes. Her C&P and the EMG were the basis for the original denial, and for the Statement of Case denial. I was taking 3 gabapenten twice a day when I went in for that C&P (1800mg/day) and meloxicam for pain, so I don't know that I would have been able to tell her a whole lot anyway. I referred her to my medical file, and gave her a 5-6 page concise version with a top sheet saying what page/date of exam each of my concerns was from. I thought I was making her job easier but she didn't seem that interested in anything but my left leg, and nothing else. Her finding was that there was no clinical evidence-my contention was that was why I went in there to see her in the first place- to make that decision, based on 6 years of stuff, and in service records noting 'bilateral dyasthesias'.

I feel pretty good now that I take them, but that, in part, is probably what messed up my C&P. ive read that EMG's are hit and miss, though.

That's not here nor there, though-really im more worried about the ED, since I DID get rated for it, and why its not noted in my rating decision that I should receive SMC-K. ill think about getting an IMP for the other leg, though.

Edited March 27, 2011 by brokensoldier244th