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Denial Of Smc-K, Svc Connected For Ed Already

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  • HadIt.com Elder

"My last daughter was born with some considerable work in 2008"

If this involved a medical process of some type, the medical records might be useful to backup an NOD.

Really, the issue also involves "quality of life", which the RO is trying to ignore.

If "normal" reproductive activities are impacted, there is justification for a claim.

I'm almost 35. My ED symptoms have gotten progressively worse since 2002, stemming from a degenerative back injury to the lower lumbar spine. My ED decision states that there is the possibility of impingement of the nerves controlling that aspect of things, and that was the basis for the granting of ED. My last daughter was born with some considerable work in 2008. I filed for ED last year.

Man, I don't want to have to NOD this, too.

Are they going to be this much of a PITA for my depression filing as well?

CAS

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  • HadIt.com Elder

"may be paid" in a regulation is bad news! It leaves thing up to the decision making process, which may or may not have any real guidance. If the VA has any sort of a choice, it seems that the choice is often not in a veteran's favor.

As to why the VA is basically hated by veteran's.

An example from decades past involving a WWII veteran.

The veteran was given a medical discharge due to Malaria in 1945. He had to take anti-Malaria pills well into the 1960s,

and occasionally suffered Malaria attacks into the 1960s.

The VA assigned a 10% disability and required annual examinations. The exam involved a day's travel each way over two lane roads to Peoria Illinois.

No compensation was paid for overnight lodging. The 10% compensation rate for a month barely paid for the expenses, and did not compensate for lost time at work, etc.

When the Korean war got going, The VA arbitrarily eliminated the compensation.

The unstated reason was that the DOD wanted to recall everyone they could, and the VA decided that it's contribution was to eliminate compensation and disability status when they could.

The result was that the Veteran was told that he might be subject to recall, and would he like to volunteer? The Veteran was a decorated AAF B-25 pilot in WWII. Some investigation showed that due to the Malaria and the type of A/C he flew, the veteran would be given a desk job if he accepted recall. It turned out that he was only subject to recall in his specialty as a B-25 pilot. Something that the USAF had no need for.

Edited by Chuck75
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  • HadIt.com Elder

If you look back at a lot of WWII vet who were discharged with a pretty high rating you will find that a few years later the VA sends them notices of reduction. A lot of these guys probably compared themselves to their buddies who did not come back and just let it ride. The VA figures if they reduce X number of vets a certain percentage won't appeal.

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  • HadIt.com Elder

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

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No heroic medical measures medically, just that at that point we had graduated beyond 'regular' relations because it pretty much didn't happen anymore, so we weren't worrying about having any more-we didn't think it was going to happen.

"My last daughter was born with some considerable work in 2008"

If this involved a medical process of some type, the medical records might be useful to backup an NOD.

Really, the issue also involves "quality of life", which the RO is trying to ignore.

If "normal" reproductive activities are impacted, there is justification for a claim.

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