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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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seminoles

SMC K

Question

This was how my exam was written, I was denied.  Not sure how to fight this one?  DSM5 Cristerion D for FSD states "The sexual Dysfunction is not better explained by a non sexual mental disorder."  In this veteran's case, her absent/reduced interest in sexual activity is better explained--and adequately and sufficiently explained--by her SC non sexual mental disorder. 

as well as her similarly absent/reduced interest in other typically enjoyed activities like interacting with friends, participating in leisure activities, hobbies, healthful eating, etc. 

 

What the hell????  So, if I were a man, and could get a pill then I would get SMC K, but because I am a woman and we have no pills..........this bit%^ at a CP exam writes this??  I am livid.  So, it is directly related to my SC mental health condition but I didn't get SMC K WHT?

 

 

 

 

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Bogus denial, as posted.  Totally bogus.  

Get the to the appealary.  (file NOD). This logic is defective.  

It does not matter if your ED is a physical or mental one, it merely has to be related to a service connected condition.  

However, there is a problem in HOUSTON.  

You see, SMC K is for "loss of use of  a reproductive organ".  This isnt the same as loss of interest in sex.  If you had a hysterectomy, due to sc conditions and could not reproduce, then you should be eligible for SMC K.  Likewise, if you lost one or more breasts, from service connected conditions, you can get SMC K for each one.  Men can not get SC for loss of a breast, as this isnt necessary to reproduce for men.  

Your doctor would have to state you "lost use of your reproductive organ"  

Edited by broncovet

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 you can't get a rating anymore for ED. 

  They service connect at 0%  but can still be compensated   $$104 .**monthly for loss of use of a creative organ and added in to your existing S.C. Disability's.  as SMC-K

I think she can get it on mental Secondary to DSM 5 PTSD because not being interested  having sex because loss interest from a mental state cause from military service. then that is loss of use of a productive organ  I would think?

Dr just needs to word it to that some way.

 loss of interest in sexual pleasure from having PTSD that happens a lot

file  LOSS OF USE OF CREATIVE ORGAN  SMC-K secondary to your PTSD and its Medications , Dr  just needs to name the med's that causes the lack of interest. As being related to your  S.C. PTSD.

Edited by Buck52

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I think its not fair for a female that they have no pills to take  like they do us males  but the way the VA is  

Its like loss of hearing  they do not test you with your hearing aids on  so they can't test your ED by taking the blue pill or  those aggravating penis injections so they have to take our word for it   just need PA or Urologist to state you have ED or for female lack of interest related to her S.C PTSD.

I'm not sure how  Dr would word that for  female? but it can be done.

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12 hours ago, Buck52 said:

 you can't get a rating anymore for ED. 

  They service connect at 0%  but can still be compensated   $$104 .**monthly for loss of use of a creative organ and added in to your existing S.C. Disability's.  as SMC-K

I think she can get it on mental Secondary to DSM 5 PTSD because not being interested  having sex because loss interest from a mental state cause from military service. then that is loss of use of a productive organ  I would think?

Dr just needs to word it to that some way.

 loss of interest in sexual pleasure from having PTSD that happens a lot

file  LOSS OF USE OF CREATIVE ORGAN  SMC-K secondary to your PTSD and its Medications , Dr  just needs to name the med's that causes the lack of interest. As being related to your  S.C. PTSD.

That is exactly what my thought was Buck, she said that it was secondary to my service connected mental health condition.  Which to me is pretty much saying it is caused by my sc condition, why they denied my SMC K, because I specifically asked for SMC K for FSAD?  still I was rated for bipolar disorder when I claimed depression.......I hate the st. pete. ro.  I know that SMC K is definitely awarded for men and women for this condition, it isn't just for loss of organ, but loss of use as well.  Thanks Buck I think that her own words may actually help me win my case.  Now, just the quickest way to do so?

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12 hours ago, Buck52 said:

I think its not fair for a female that they have no pills to take  like they do us males  but the way the VA is  

Its like loss of hearing  they do not test you with your hearing aids on  so they can't test your ED by taking the blue pill or  those aggravating penis injections so they have to take our word for it   just need PA or Urologist to state you have ED or for female lack of interest related to her S.C PTSD.

I'm not sure how  Dr would word that for  female? but it can be done.

Oh, it is noted throughout my VA records, especially in psychiatry  that I have lack of sexual interest.  They even made note of it in my cp exam.  So there was history of me complaining about it. 

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    • So, my lawyer sent an IME w/ IMO and filed a supplemental claim solely for IU on March 20.

      It was closed on March 25, and va.gov just states claim closed and nothing more.

      Hopefully, I get good news.
    • Thanks for the responses. I am filing a new claim but will continue pushing the NOD. My new question is it stated in law or statute that if during the claims process the VA finds conditions that could possibly rate service connection that was not originally filed for, the VA will “invite” the veteran to file the claim on the claims form. Reason I ask is that my private DBQs, NEXUS letter, and even the VA nurse examiner's DBQs lists bilateral upper radiculopathy as present. If it is written in statute or official guidance it might qualify as a CUE. Just looking at all angles. 
    • Everyone needs to read our stories so they can try to avoid these screws by the va...
      Thank you, everyone contributes, good or bad, all of our stories will help others, and yes, they have been stated by others for ages, over and over, but we just get depressed, and the time turns into years as they screw us..

      Welcome to the department of Veterans Affairs!  I can honestly say, "been there, done that".  

      Even after winning my tdiu in 2017, it was back to the drawing board as VA hornswaggeld my effective date.  (but of course).  

      I finally won my tdiu effective date in Feb. 2020, 18 years after I first applied!!!  

      Here is how they managed to drag mine out 18 years:

      1.  They never adjuticated my decison until 2009, where they called it "moot".  

      2.  I appealed, said it was not moot because it could result in an earlier effective date and SMC S under Bradley vs Peake.  The judge agreed with me, and ordered VARO consider me for extra schedular TDIU, under 4.16 b.  

      3.  The VARO piddles with  the remand for 3 years, and hoped I wouldnt notice.  I noticed and raised cane until they adjuticated it.  (denied of course).  

      4.  Finally, after the baord denied again, I hired a lawyer, in 2014, and appealed to CAVC.   

      5.  The lawyer won a remand, got an IMO and I won tdiu in 2017.  But at the wrong effective date, even after 15 years.  

      6.  I hired another lawyer, Chris Attig, and appealed the effective date, and he won a remand for effective date.  Trip 2 to CAVC.  

      7.  Mr. Attig won a remand, and advised me to get another IMO.  

      8.  The board awarded my earlier effective date in Feb. 2020.  

           So, I do have advice fighting VA for TDIU, they fought and fought and I hung in there and won it all.  

      ADVICE:  Dont count on VA, they could easily throw your fax in the trash.  Follow up!  
    • "Keep in mind that due to the nature of the digestive system, VA would most likely combined your conditions and pay you at the higher rate to avoid pyramiding".    That is one of my main gripes.  They are only listing the GERD with hiatal hernia and ignoring the rest of my gastric issues such as the gastritis which I also had in service.  I included it in my 2007 request for increase and again in 2019.  The info from the civilian dr that stated I had the gastritis with H pylori was not even provided to the examiner in 2007, nor did he have my VA health records. The 2019 request was based on an EGD I had AT THE VA in Jan 2019.   I filed for an increase 6 Mar and they did an ACE on 27 Mar and downgraded to noncompensable on that date.  The only reason I was thinking CUE:  38 CFR § 3.326 - Under Examinations  it states (c) Provided that it is otherwise adequate for rating purposes, a statement from a private physician may be accepted for rating a claim without further examination".  
    • Enough has been said on this topic. This forum is not the proper forum for an attorney and former client to hash out their problems. Please take this offline
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