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Smc K For Loss Of Use Of Creative Organ Due To Sc Back Pain?



So I am service connected for my spine (40%)

Also SC for knees bilaterally
And I am unable to ... It is too painful to... It is impossible to find a position that is bearable...
The VA provided a pamphlet ... positions for intimate relations when you have back pain ... not kidding, got it
from pain management department. This issue is well documented.
So, is it ratable under 38 U.S.C.A. § 1114(k) below? And if so, should I address it with the request for SMC I'm about to post for suggestions?
(I was granted TDIU and SMC was not addressed. SMC appears to add up to S for sure, but I am in fact recieving A&A services from the VA, so I'm also suggesting that Aid and Attendance L1/2 would be appropriate, and the higher level may be warranted)
Under 38 U.S.C.A. § 1114(k), if a veteran, as the result of
service-connected disability, has suffered the anatomical
loss or loss of use of one or more creative organs, he shall
receive a rate of compensation as set by statute, independent
of any other compensation based upon service connection.
Edited by GlassRose1500 (see edit history)
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  • Content Curator/HadIt.com Elder

Yes, it can be SC if the doc writes the appropriate nexus letter. A common approach is secondary to primary SC conditions or medication side effects used to treat those conditions. It sounds like the combo of knee pain and potential spine pain, it is a serious issue. It is a standard K award worth about an extra $100 or so a month. Good luck and I hope things work out for you.

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Can I include it in my NOD as an SMC "should have been inferred" or is it a separate claim.

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And thanks for the reminder about medication impact, I neglected to analyze that, and I take a boatload of them, some with horrible side effects.

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