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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
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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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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
      • 4 replies
    • Wonderful news way to hang in. I hope this gives you some well deserved peace. 
    • If HadIt.com has helped you or you believe in it’s mission then please donate even $1 helps. I hope HadIt.com has provided $1’s worth of help to you. Imagine waking up and there is no HadIt.com it could happen and that is why I’m asking for your help now.



       



      Our traffic is going up and so are our expenses, however revenues have gone down and so I am reaching out to you to see if you can help me keep Hadit.com up and running.
      • 4 replies
    • https://community.hadit.com/searching-for-va-claims-information-on-hadit.com/

       

      Your question has probably been asked before so the fastest way to find the information you need is to search for it.
      • 3 replies
    • How to get your questions answered...


      All VA Claims questions should be posted on our forums. Read the forums without registering, to post you must register it’s free. Register for a free account.

      Tips on posting on the forums.

      Post a clear title like ‘Need help preparing PTSD claim’ or “VA med center won’t schedule my surgery” instead of ‘I have a question’.


      Knowledgable people who don’t have time to read all posts may skip yours if your need isn’t clear in the title. I don’t read all posts every login and will gravitate towards those I have more info on.


      Use paragraphs instead of one huge, rambling introduction or story. Again – You want to make it easy for others to help. If your question is buried in a monster paragraph there are fewer who will investigate to dig it out.


      Leading to:

      Post clear questions and then give background info on them.

      Examples:

      A. I was previously denied for apnea – Should I refile a claim?


      I was diagnosed with apnea in service and received a CPAP machine but claim was denied in 2008. Should I refile?



      B. I may have PTSD- how can I be sure?

      I was involved in traumatic incident on base in 1974 and have had nightmares ever since, but I did not go to mental health while enlisted. How can I get help?



      This gives members a starting point to ask clarifying questions like “Can you post the Reasons for Denial from your claim?” etc.

      Note:

      Your firsts posts on the board may be delayed before they show up, as they are reviewed, this process does not take long and the review requirement will be removed usually by the 6th post, though we reserve the right to keep anyone on moderator preview.

      This process allows us to remove spam and other junk posts before they hit the board. We want to keep the focus on VA Claims and this helps us do that.
      • 2 replies
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