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

[Philip Rogers]

If you have a VSO, you could use him/her or you can do it on a Statement in Support of Claim form, submit it and give your VSO a copy. It might be faster, the way I've seen some VSO's operate. jmo

pr

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

[brokensoldier244th]

Am I looking for nothing? Is there not SMC-K wording, and its just assumed as part of the ED rating?

[Philip Rogers]

All the info should be here. I posted it yrs ago under my name of "Flip." So I know it's here, I just don't know how to find it and it was on an old computer, that has since crashed and is gone. A past VA employee, that used to post here, shared it w/me to share here.

As for wording, I'd just send something like this:

Dear Sirs,

Thank you for your recent proper award of SC for ED, on "insert date here," however, as a result, I believe you have committed a "grevous procedural error," in that I should have been awarded an SMC "k" award, with that award. Please correct that decision, as soon as possible.

Thanking you, in advance, for your anticipated assistance, I remain . . .

Sincerely,

xxxxxxxx xxxxxxxxx

pr

Edited March 28, 2011 by Philip Rogers

[brokensoldier244th]

Ill go dig. Thanks, Phillip.

All the info should be here. I posted it yrs ago under my name of "Flip." So I know it's here, I just don't know how to find it and it was on an old computer, that has since crashed and is gone. A past VA employee, that used to post here, shared it w/me to share here.

pr

[alice23]

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.

yes i agree with you.