Svc Connected For Ed On Appeal In March, Denied Smc-K Today?

[brokensoldier244th]

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).

Edited June 30, 2011 by brokensoldier244th

[john999]

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".

[brokensoldier244th]

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".

[brokensoldier244th]

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

[Philip Rogers]

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

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.

[brokensoldier244th]

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

Edited July 6, 2011 by brokensoldier244th