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Smc For Hysterectomy/ovaries Removed, But...?


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Really? Yes, really. But, you'd receive only one award of SMC-k for the loss of the uterus and the ovaries.

Won't the VA say, well, you weren't planning on conceiving anymore children, hence the tubal ligation, so SMC cannot be awarded? Please review the criteria for award of SMC-k at 38 CFR 3.350(a) . There is no mention of an earlier BTL . I am sure that the rationale you mention had been used in the past, but I am also sure that it was overturned by the DRO/BVA .

And, until the veteran becomes menopausal, one could always anticipate a tuboplasty, ie., reconnect the cut ends of the Fallopian tubes (or, remove the band).

Of other concern, beyond fecundity, is the hormonal function of the ovaries, ie., estrogen production. INMSHO, HRT really does not do a very good job compared to an ovary or two.

On another note, with that apparent killer instinct you've displayed, have you considered becoming a Rating Veteran Service Representative?

Addendum: When you get the SMC-k, if you don't believe you deserve it because of the prior BTL, ask your friendly neighborhood VARO to take that award away.

Really? Won't the VA say, well, you weren't planning on conceiving anymore children, hence the tubal ligation, so SMC cannot be awarded?

Edited by jvretiredvet (see edit history)
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  • HadIt.com Elder

Don't worry! SMC K is so small you will hardly notice it. The VA believes your reproductive organs are worth about $100 bucks a month if you lose them.

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SMC K is only about $100 a month but compensation for removal of ovaries and uterus is 50% service connected compensation. Sharon, thanks for clarifying, I was wrong, as Sharon say's "It is possibile to have the hysterctomy service connected after service if the condition that caused you to have to have one began while you were on active duty."

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Thanks everyone! Jvretiredvet, the thought had also crossed my mind about being able to get a tubal reversal if they said anything about that. I was only 36 when I had my TAH/BSO, so I was not menopausal. Also having to take hormones everyday does suck!

On another note, my husband and I were just joking about being a VA rater, so we can help clear the backlog. We're both looking for jobs, especially GS jobs & we've both spent our entire career in the medical field as med techs/EMTs, so we know all about medical conditions, etc. The only difference between me and a lot of the VA rating reps, is I would never try to screw the veterans out of their well deserved $$. They need more vets in those jobs (OBVIOUSLY) since we wouldn't want to BS another vet (at least most of us wouldn't).

These idiots also rated me 0% for a hysterectomy SCAR, but did not even mention the actual surgery, let alone rate me!! I knew for a fact that that surgery was 50%. I just submitted my NOD on Monday for that and a couple of other things. Here's another good one. I was deferred for high blood pressure, even though it's clearly documented in my record for over 16 years & I have been on BP meds the entire time. On Monday, I have to drive 1 1/2hrs away for a VA C&P for that. Here's the kicker: How in the world are they going to see if I have high BP, since I am on BP meds to control it????

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Lils

You have been given good advice. As someone once said, the VA uses the CFR's against us, BUT we can likewise use the CFR's in our favor.

The VA has to rate you ON THE CRITERIA. They can not say, oh he has a purple shirt so we will deny as I hate purple. And, the criteria does not mention that SMC for loss of a reproductive organ is contingent upon those organs being in good working order prior.

The VA initially denied me hearing loss based on the "lapse of time" since military service. Negative. I appealed it and won. "Lapse of time" is not one of the rating criteria, altho rating specialists use this frequently to deny. Unfortunantely we have to appeal and we have to know enough to call "BS" on it.

Hearing loss often gets worse over the years, and an event in service, such as an explosion or even prolonged noise exposure can trigger hearing loss...often many years later.

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Yes.

my question would be if you are a veteran and have a hysterctomy, would i be able to become service connected for it? or would it mean an smc claim? i ask because i might need one down the road!

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my question would be if you are a veteran and have a hysterctomy, would i be able to become service connected for it? or would it mean an smc claim? i ask because i might need one down the road!

No, unless it was done during active duty.

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Thanks all. You're the best! Would the SMC be a separate check or would it be combined in the disability pay? I just want to make sure I don't miss it in case they "forget" to give it to me...since it's so small. Would it say SMC on my monthy statements, etc or would I just have to add up the SMC w/ the disability pay & figure it out.

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You have to figure it out. You will get a check or deposit for "one money". Your RO decision will state your eligibility, or lack of it for things like SMC, dependents, etc. All those things affect your check.

I dont think there is anything "special" about hysterectomies. They are like other claims, where you must have 3 things:

1. A current diagnosis. There is no benefits paid for an old wartime injury, if you have no symptoms from it.

2. An inservice event that caused or exacterbated your illness or injury.

3. A nexus between the two, made by a medical professional who opines, "your xxxx condition or diagnosis, is at least as likely as not due to ....

which happened in military service.

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I was active duty when this happened & had my uterus/ovaries removed due to Endometriosis, so the loss of the ovaries (loss of a creative organ) earn SMC + 50% disability for uterus/both ovaries/fallopian tubes being removed. Just talked to a girl I know who gets that for the same exact reasons. She's been retired 2 years. If I would have known she had that, I would have just asked her...

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Dast I suggest that the following statement is not necessarily correct? Dast I suffer the possibility of incurring warning points for countervailing someone?

No, unless it was done during active duty.

Please go back to your first day of RVSR training and look at 38 CFR 3.303 again. While paragraphs (a), (b) and (d) are overtly applicable, I see where paragraph (c ) might have some application here. It kinda depends on the evidence, don'ja think?

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On another note, my husband and I were just joking about being a VA rater, so we can help clear the backlog. IMNSHO, it requires two years or so of supervised training to become an adequate RVSR. Unfortunately, due to the start of the Benefits Delivery at Discharge (BDD) program, the Fully Developed Claim (FDC) program, and the influx of additional claims, RVSRs are being let loose upon the world after (sometimes) only 6 months. And I like the part , "joking about being a VA rater" , because it is all so easy ... until you have to do it yourself.

We're both looking for jobs, especially GS jobs & we've both spent our entire career in the medical field as med techs/EMTs, so we know all about medical conditions, etc. So, actually this will place you in a position where you would be tempted to make your own diagnoses and create your own nexuses. Don't argue or say you won't ... medical and nursing personnel always do this to some extent.

The only difference between me and a lot of the VA rating reps, is I would never try to screw the veterans out of their well deserved $$. Yeah, I've heard that before. FWIW, you might be surprised at the number of veterans, and disabled veterans at that, who currently work on your claims.

They need more vets in those jobs (OBVIOUSLY) since we wouldn't want to BS another vet (at least most of us wouldn't). As above, there are a lot of veterans who are VSRs and RVSRs. Unfortunately, they also know how veterans might BS or con the VA. Now, I'll never say that any veteran lies about their claim or condition .. but I will say that some veterans might be somewhat confused about the exact circumstances and facts of their service.

These idiots also rated me 0% for a hysterectomy SCAR, but did not even mention the actual surgery, let alone rate me!! I knew for a fact that that surgery was 50%. I just submitted my NOD on Monday for that and a couple of other things. Although I can envision several scenarios in which this might happen, I cannot attempt to explain or justify that, as this likely was a BDD claim. Though, I do feel the truncated training cycle may be a contributing factor.

And, until you've been there yourself, I'd appreciate cutting back on the 'idiot' appellation. Under your logic, when a veteran submits an altered (falsified) DD Form 214, does that lead to the conclusion that all veterans are crooks?

Here's another good one. I was deferred for high blood pressure, even though it's clearly documented in my record for over 16 years & I have been on BP meds the entire time. On Monday, I have to drive 1 1/2hrs away for a VA C&P for that. Here's the kicker: How in the world are they going to see if I have high BP, since I am on BP meds to control it???? It appears that neither diagnosis nor service connection is the issue here but the level of disability that needs to be documented. For why, please review the criteria for DC 7101. Please read it for what the criteria actually state and not for what you want it to say.

Thanks everyone! Jvretiredvet, the thought had also crossed my mind about being able to get a tubal reversal if they said anything about that. I was only 36 when I had my TAH/BSO, so I was not menopausal. Also having to take hormones everyday does suck!

On another note, my husband and I were just joking about being a VA rater, so we can help clear the backlog. We're both looking for jobs, especially GS jobs & we've both spent our entire career in the medical field as med techs/EMTs, so we know all about medical conditions, etc. The only difference between me and a lot of the VA rating reps, is I would never try to screw the veterans out of their well deserved $$. They need more vets in those jobs (OBVIOUSLY) since we wouldn't want to BS another vet (at least most of us wouldn't).

These idiots also rated me 0% for a hysterectomy SCAR, but did not even mention the actual surgery, let alone rate me!! I knew for a fact that that surgery was 50%. I just submitted my NOD on Monday for that and a couple of other things. Here's another good one. I was deferred for high blood pressure, even though it's clearly documented in my record for over 16 years & I have been on BP meds the entire time. On Monday, I have to drive 1 1/2hrs away for a VA C&P for that. Here's the kicker: How in the world are they going to see if I have high BP, since I am on BP meds to control it????

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  • HadIt.com Elder

Pond V West: A Very interesting read, Circa 1999.

A claimant who posesses a license in the medical field cannot have their opinion discounted by the VA.

Hypertension: It has to show in service or presumptive during the first post service year.

The Kicker is this: in order for it ti be connected it nust be compensable.

Minimum is 160 systolic and 100 diastolic. Either or not both at the same time

Predominatly means the majority of the readings mmust be compensable.

So an average of several readings. The VA standard for HTN is different than the rest of the medical world. Per Dr Bash.

DD214: That is the first thing the VA looks at when a Veteran files a claim. The easiest out for the VA is to prove bad character of service. I wonder how much time the VA spends on looking for falsification items. Most DD214's are also on file at the state level. (State of entry into service) so why falsify a DD214.

Finally the by rule the VA is supposed to be non adversarial and the Attitude of rating officers are called on by law to respect the veteran.

Now asking the thousands of Veterans here how non adversarial was your claim??

I dont think the Employees of the RO would like to see that answer. I think it will male a poll topic.

J

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my question would be if you are a veteran and have a hysterctomy, would i be able to become service connected for it? or would it mean an smc claim? i ask because i might need one down the road!

It is possibile to have the hysterctomy service connected after service if the condition that caused you to have to have one began while you were on active duty. Check your service medical records to she if you were treated for the current condition and then get a nexus letter from you doctor. This would be secondary to your service connected condition. Hope this helps.

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