SMC-K claim

[MartyL16]

I am a 100% TDIU Disabled Veteran. I have 20 years of USAF active duty including Vietnam and Thailand. I am SC for DIABETES, Pulmonary Sarcoidosis, and other that are presumptive for AO exposure.

About 12 years ago, I experienced impotence as a regular disability but didn't know the VA actually knew that my SC Diabetes and meds caused it.

About 3-4 years ago my VA Internist started me on different meds, to attempt to correct that by 'test driving' these meds for months at a time with no success.

Then my PCP scheduled me for a UROLOGIST appointment that went thru CHOICE but that Doctor said "too many meds and primarily the DIABETES and ENLARGED PROSTATE " caused this problem. That was about 6 months ago.

I want to file for SMC-K as my VA doctors and my civilian doctors have the records confirming that SC disease, meds and AO have caused my LOSS of my "creative organ" function.

Some 'soothsayers' have said if I file ANY claim, I become a VARO 'target of opportunity' and the RO could try to downgrade my TDIU P&T, 100%. I am 70% SC.

Medically, over the years, the VA could NEVER find records that would indicate that ANY SC disease, or secondary diseases IMPROVED, that is a fact. Unfortunately, they lie a lot.

The question is: what is your advice? File, or NOT file? and why please.

[brokensoldier244th]

Is it worth having a C&P where they could re-evaluate you for 104.00 a month in SMC-K?

 

CAS

 

[broncovet]

File.   Or, give in to VA's "scare tactics" where VA employees and VSO's try to scare you out of applying for all the benefits you deserve, by putting fear into you they will reduce you instead.  

You know your health history better than I do.  Once you are P and T or over 5 years, they cant reduce you unless you "actually improve" under ordinary conditions of life.  If you plan on going back to work soon, then yes, they can reduce you.  

Its up to you..I know Im not caving into VA's scare tactics as I know the regulations too well.  Here they are for your information:

https://www.law.cornell.edu/cfr/text/38/3.344

[Buck52]

 I agree with broncovet  why not file? If we were in doubt to file a claim because  the VA would open up our ratings disability's  and try to reduce our already  S.C. Ratings  we would never get anywhere with the VA or get our well deserved benefits and the VA WOULD WIN OUT.

If you have a legitimate claim  a Diagnose for E.D. AND PUT TOGETHER  A  E.D. claim .

File it has a secondary claim to the meds you take for? get a Qualified  Dr to state so.  that the meds is  '' is likely as not related or caused the E.D.''  Qualified Dr needs to give his pro opinion.

I'd file for it.  its not going to be given a % but you can Get it service connected   secondary to the meds you take for? BOUT 104.00 PER MONTH ADDED TO YOUR ALREADY COMPENSATION.

BTW,

I NEVER HAD A C&P FOR MY  E.D. and receiving the SMC K & S  H.B.

Edited May 26, 2018 by Buck52

[Gastone]

You're in your late 60's to mid 70's, so any chance of significant improvement of your Physical (Not Mental) Disabilities being shown in your VMC Med File are slim and none.  Have any of your SC Disabilities Improved? The SMC K is worth approx $1248.00 per year, get it or leave it, your Decision.

What specifically are you referring to, "Unfortunately they Lie a lot?" Who, what, when and where?

Could you post a redacted copy of your IU Award?

[MartyL16]

On 5/26/2018 at 6:03 AM, Gastone said:

You're in your late 60's to mid 70's, so any chance of significant improvement of your Physical (Not Mental) Disabilities being shown in your VMC Med File are slim and none.  Have any of your SC Disabilities Improved? The SMC K is worth approx $1248.00 per year, get it or leave it, your Decision.

What specifically are you referring to, "Unfortunately they Lie a lot?" Who, what, when and where?

Could you post a redacted copy of your IU Award?

GASTONE, thank you for your comments.

The VA doctors, the CHOICE Urologist, my civilian Internist and the Pharmacy records with reports all conclude as I have stated.

I have been 100% TDIU P&T awarded May 31st 2013. That means I hit that 5 year mark in afew days. 

Yes, I will now file my claim for that. Thank you.

I am 70 and NONE of any of my disabilities, both SC and other have gotten medically better and documented so, with MRI, CT scans, X-Rays, lab work and 30 years of medical records they have in their possession.

My comment “Unfortunately they Lie a lot?" Is because for all the years they denied my TDIU claim and others, it was the local RO that would state in the ratings (3 ratings) “records indicate you are capable of working” but when I got my DRO video conference I resubmitted everything I had been submitting since 2006-2009 and TDIU was awarded. The RO statement “records indicate” was never explained, even when asked in a NOD. BTW, the DRO was from a different state.

The Phoenix RO repeatedly denied claims for a lot of things by stating “no records found” or in all cases from 2009-2014, when asked, the Examiners would tell me they were NOT able to review my C-File and reported only things I told them during the exam. 

I retired in ‘87 and went from 0 to 15% for arthritis up until 2009. The Albuquerque RO was the AOJ and took me to 40% because of SC Diabetes and everything that was claimed in Phoenix, died in their hands, until the DRO conference in June of 2013.

Even a secondary claim for recurring pneumonia (I have had pneumonia 10 times since AD) from my SC 0% was denied by Phoenix even though my civilian doctor gave a DBQ staing that was caused by the SC disease, and the Examiner plainly stated “more likely than not (greater than 51%), the ONLY words the Phoenix put was DENIAL because ‘NO DIAGNOSIS’.

So much for the Phoenix RO NOT lying!

Can I tell you more and give you ‘cut and paste’ bull from ratings that the VARO would deny all.......sure.  How much time do you have?

[MartyL16]

On 5/26/2018 at 3:02 AM, Buck52 said:

 I agree with broncovet  why not file? If we were in doubt to file a claim because  the VA would open up our ratings disability's  and try to reduce our already  S.C. Ratings  we would never get anywhere with the VA or get our well deserved benefits and the VA WOULD WIN OUT.

If you have a legitimate claim  a Diagnose for E.D. AND PUT TOGETHER  A  E.D. claim .

File it has a secondary claim to the meds you take for? get a Qualified  Dr to state so.  that the meds is  '' is likely as not related or caused the E.D.''  Qualified Dr needs to give his pro opinion.

I'd file for it.  its not going to be given a % but you can Get it service connected   secondary to the meds you take for? BOUT 104.00 PER MONTH ADDED TO YOUR ALREADY COMPENSATION.

BTW,

I NEVER HAD A C&P FOR MY  E.D. and receiving the SMC K & S  H.B.

Thanks BUCK52. Appreciate your comments..

all I want is what I deserve.