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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 when it comes to filing Veterans Affairs Disability Claims. Chris Attig - Veterans Law Blog










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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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This is not a bad idea.  Sometimes, however, you need to understand "VA wont connect the dots".  

You can, actually do both. (File a new claim and dispute the denial of the old one).  

I dont know how you will do this, but you need to link what you call "sexual issues" to loss of use of a reproductive organ, as that is what SMC K is, not "sexual issues".  

Its probably best if a doctor states your "sexual issues" led to the loss of use of a reproductive organ.  

Dont expect VA to "connect" these dots, tho you may get lucky and they do so.  

We see the VA's reluctance to connect the dots, for example, in the case of unemployability.  

To get TDIU, you have to show that your service connected conditions prevent you from maintaining SGE.  Its not enough to be service connected and unemployed.  You have to have a doc statement saying that you can not work due to sc conditions.  They wont connect the dots, because there are other reasons you could be unemployed...layoffs, RIF, etc., etc.  

Best is if you download and read the criteria for SMC K..rather than take my interpretation of it.  This is the criteria:

The rates of special monthly compensation stated in this section are those provided under 38 U.S.C. 1114.

(a)Ratings under 38 U.S.C. 1114(k). Special monthly compensation under 38 U.S.C. 1114(k) is payable for each anatomical loss or loss of use of one hand, one foot, both buttocks, one or more creative organs, blindness of one eye having only light perception, deafness of both ears, having absence of air and bone conduction, complete organic aphonia with constant inability to communicate by speech or, in the case of a woman veteran, loss of 25% or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy), or following receipt of radiation treatment of breast tissue. This special compensation is payable in addition to the basic rate of compensation otherwise payable on the basis of degree of disability, provided that the combined rate of compensation does not exceed the monthly rate set forth in 38 U.S.C. 1114(l) when authorized in conjunction with any of the provisions of 38 U.S.C. 1114 (a) through (j) or (s). When there is entitlement under 38 U.S.C. 1114 (l) through (n) or an intermediate rate under (p) such additional allowance is payable for each such anatomical loss or loss of use existing in addition to the requirements for the basic rates, provided the total does not exceed the monthly rate set forth in 38 U.S.C. 1114(o). The limitations on the maximum compensation payable under this paragraph are independent of and do not preclude payment of additional compensation for dependents under 38 U.S.C. 1115, or the special allowance for aid and attendance provided by 38 U.S.C. 1114(r).

Edited by broncovet
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2 minutes ago, broncovet said:

This is not a bad idea.  Sometimes, however, you need to understand "VA wont connect the dots".  

You can, actually do both. (File a new claim and dispute the denial of the old one).  

I dont know how you will do this, but you need to link what you call "sexual issues" to loss of use of a reproductive organ, as that is what SMC K is, not "sexual issues".  

Its probably best if a doctor states your "sexual issues" led to the loss of use of a reproductive organ.  

Dont expect VA to "connect" these dots, tho you may get lucky and they do so.  

I will get my psychologist involved as well so there is no vague line involved, the RO has been absolutely ridiculous.  This "exam" was not even an exam she asked me maybe 3 questions and that was all.  Hardly enough to even know what to write in the exam..........this was part of a regular mh exam which was scheduled to last 60 minutes and lasted 35.  I had FOUR mh exams in during the claim.......not kidding......and one more after this.  3 were at the Gainesville location where they all seemed to think I was right at rain, I had another exam with an outside examiner which included ALL my mh issues which are all sc including my  PTSD and instead of their 30% she awarded me 70%.  The Gainesville CP office is horrendous, I won't go there and have told my congressman's office to intervene on my behalf.  Which they finally did.

 

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I would think if your denied the loss of use of an reproductive organ  then an increase on your PTSD I would go after  or any conditions secondary to one of your S.C.Conditions....such has PTSD./or another condition if you have one  or two...

Keep in mind during a  C&P PTSD exam the examiner is reading everything the VA Sends them Off the computer week before the exam and during the exam and some times the VA don't send in all the records  ...its ok to speak up during your exam , just say excuse me Dr  but did you read the part about Dr  so-n-so that gave his professional opinion on my loss of use of organ? or some thing close to this!

   if the examiner is reminded or ask to read this part of medical records as your evidence that's their Job to do just that.

My PTSD C&P EXAM WAS 90 MINUTES. 

Felt longer than that  but I wanted to make sure they covered the favorable parts in my medical records &I ask about some things the examiner never ask me that was very sufficient evidence to my claim.

Edited by Buck52

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