I Need Some Help!

[whoami?]

I received some correspondence from the VA asking for evidence to support my claim for loss of a creative organ. I wanted to know if I was going about this correctly. Below are diagnoses from my VA medical record and medications prescribed to me from the VA. am I on the correct path in what I am about to send to them as evidence?

Problem: MAJOR DEP DISORDER, RECURRENT

(ICD-9-CM 296.30)

Date/Time Entered: 01 Jan 2010

Problem: History of male erectile disorder

(ICD-9-CM V11.8)

Date/Time Entered: 01 Jan 2010

Problem: Priapism (ICD-9-CM 607.3) Date/Time Entered: 01 Jan 2010

Posttraumatic stress disorder (ICD-9-CM

309.81)

Date/Time Entered: 01 Jan 2010

VENLAFAXINE HCL 75MG SA CAP

SILDENAFIL CITRATE 100MG TAB

"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."

[Mikemmlj]

Looks like you nailed it. Good research on your part.

[Fat]

I agree.

[Navy04]

Looks good to me. I get this SMC due to having Testicular Surgery as a result of an infection in OEF. Good luck and keep us posted