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ptsd Is This A Possible Cue For An Earlier Effective Date Back To 9/19/1970 ?
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Question
USMC RECON 67
First I will thank you for your service and the assistance you offer us veterans with our claims. I filed a claim in 1970 for Epididymitis and was service connected under diagnostic code 7599-7523 and was given a "0" percent rating as per 38CFR.
One code is for urinary infection and the other is Epididymitis with atrophy of left testicle, service connected, Vietnam era, incurred. I was released from service on Sept 19, 1970 and filed my claims.
In my rating decision it states "Veteran had epididymitis January of 1968 which should have read January of 1969, treated at Bethesda Naval Hospital. On EXAMINATION his right testicle is normal, his left testicle is atrophic and approximately 1 cm in diameter. It is non-tender on examination.That was the decision I received in Jan of 1971. Not knowing anything about the claims process I did not appeal that decision for SMC K, loss of a creative organ. Lets face it my attitude wasn't the greatest back then. I was turned down for hearing loss, which was later awarded at 50%,labyrinthine vestibulistis at 30% and tinnitus at 10%.
To make a long story short I reapplied in March of 2011 for erectile dysfunction due to medication from prescriptions I was taking from a heart condition, ptsd and other disabilities. I amended my claim and included loss of a creative organ. I was awarded SMC K based on the loss of use of a creative organ because the left testicle was measured as being 1/3 the size of the normal testicle. Should I have not been considered for SMC K in 1970 if the measurements had been done correctly? It is noted that that the Diagnostic Code 7523 contains a "Note" indicating that the evaluation assigned is to be reviewed for entitlement to special monthly compensation under 38 C.F.R. 3.350
Thank you in advance for your replies. Could this be a basis for an inadequate C&P exam?
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