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  • 14 Questions about VA Disability Compensation Benefits Claims


    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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  • Most Common VA Disabilities Claimed for Compensation:   


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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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Good afternoon,

While I don't think anyone is ever pleased to see there rating go down I am happy that my testicle pain went away. Righty was crushed in service. 

I was denied K because I had successful sex once after my testicle surgery before being placed on drugs. I am also service connected for hypertension and anxiety, which was not considered. 

However, I am a bit confused about the loss of testicle wording.  I had a testicular denervation which means they removed parts of the testicle but not the entire thing.  Would this constitute SMC K? 

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The term they use is "loss of use" of a reproductive organ, for SMC K.   The ability/or lack, thereof to have intercourse is not EXACTLY the same as "loss of use of a reproductive organ".   

Of course, I have no idea whether or not you can father children, and, if you can not, when that ability stopped.  

Some Veterans who have been treated for ED have qualified for SMC K.  

Did the VA give you a C and P exam?  

If you think this is incorrect, you can certainly appeal, and you can get an IMO/IME if you have an unfavorable exam in your records. 

The VA may have made a logic error which states, "Absence of evidence is evidence of absence". 

This logic error goes something like, "The VEteran has no evidence in his file about loss of use, therefore he has no loss of use."  

Not true.  There can be many reasons why there is no such evidence in your file, such as:  VA lost the evidence, VA did not read the evidence,  the doctor did not record the evidence, the hospital closed and lost the evidence etc.  

"Evidence of absence" means that a doctor examined you, gave you medical tests, and stated, "He does not have that disease"..he is negative for xx disease.  Now this is good evidence..of absence. 

But absence of evidence just means that it wasnt found yet, and does not prove the VEteran did not have it.  He should be given an opportunity to PROVIDE this missing evidence, for example, with a c and p exam or by submitting additonal medical records, including an IMO/IME.  A Veteran should not be denied due to absence of evidence, at least, not until VA diligently tried to obtain this evidence.   

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