Denial Of Smc-K, Svc Connected For Ed Already

[brokensoldier244th]

sorry! blank post from my phone the other day.

Excuse me for getting off topic... Congratulations 'Chuck75'.

Cmdr. Bob

Edited July 5, 2011 by brokensoldier244th

[Commander Bob]

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.

I just talked to the DAV and the VSO said that there was no evidence of loss of use since I have dependents. ???

I thought that loss of erectile power was considered for SMC-K for ED.

(Quote) "Special monthly compensation may be paid for loss of use of a

creative organ, as a result of service-connected disability.

38 U.S.C.A. § 1114(k); 38 C.F.R. § 3.350(a). Although the

term "creative organ" is not defined in the law or

regulations, the Office of General Counsel has held that a

"creative organ," as used in 38 U.S.C.A. § 1114(k), refers

to a procreative, or reproductive, organ. VAOPGCPREC 2-00.

In addition, where a veteran has loss of erectile power from

service-connected causes, he is also entitled to special

monthly compensation for loss of use of a 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

"creative organ" in 38 U.S.C.A. § 1114(k) or 38 C.F.R.

§ 3.350, other legal authority clearly establishes that the

penis is a creative organ, for purposes of entitlement to

special monthly compensation." (end quote)

So, if you have service connected ED, and have dependents, and take ED drugs, you may still be denied SMC-K, according to him. Heads up *ahem* .

CAS

Back on topic...

Edited July 3, 2011 by Commander Bob

[Chuck75]

I was quoting a previous poster.

My last daughter was delivered at the Krankenhouse (Hospital) in Bitburg Germany in the late 70's. The bill was sent by mistake to a very distant relative living in Trier.

His reply was humorous, and pointed out that both he and his wife were quite elderly.

So, your congratulations are a bit misplaced, although I thank you anyway! Keeping up with two very young grand kids for three days last week was enough for awhile, thank you!

Excuse me for getting off topic... Congratulations 'Chuck75'.

Cmdr. Bob

Edited July 3, 2011 by Chuck75

[Commander Bob]

I was quoting a previous poster.

My last daughter was delivered at the Krankenhouse (Hospital) in Bitburg Germany in the late 70's. The bill was sent by mistake to a very distant relative living in Trier.

His reply was humorous, and pointed out that both he and his wife were quite elderly.

So, your congratulations are a bit misplaced, although I thank you anyway! Keeping up with two very young grand kids for three days last week was enough for awhile, thank you!

Ha... I'm glad you got a good laugh 'Chuck75'. I did too after I re-read your post. When I first read your previous post, I thought "Way to go Chuck!!"... I was thrown off by the enclosed quote you had posted with your reply... Congratulations on the Grand kids.

My congratulations to 'brokensoldier244th', on the 2008 birth of your daughter.

Thanks for the clarification guys.

C.B.

[brokensoldier244th]

I asked him to file a NOD-so he did....and....i got it in the mail today. 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.

Some yrs back I posted the regs, here, regarding "k" award for ED. They were emailed, to me, from a VA insider, for posting here and I believe tbird has them linked somewhere here. You may want to do some searching. The fact that you have children has nothing to do w/it.

As for your VSO NODing it, most write something like "The veteran disagrees with the decision" and nothing more. Without more info the claim will be denied and delayed again and again. You should check and see what the VSO stated in his/her NOD for you. jmo

pr

[Commander Bob]

http://www.va.gov/vetapp03/Files/0304600.txt