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SMC-K claim

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MartyL16

Question

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.

Marty

USAF 20yrs

MSgt. Retired 1987

SC 70%

TDIU 100%

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On 5/25/2018 at 5:54 PM, broncovet said:

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

Thanks broncovet.

haven’t been able to work since 2006. Finally got the VA to give me a motorized wheelchair and now on continous oxygen since 2014.

i did go read that cornell link. Thanks. For your help.

Marty

USAF 20yrs

MSgt. Retired 1987

SC 70%

TDIU 100%

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Do you have a VMC or Private "Clinician Treatment Note" discussing which specific SC'd condition or Medication is the probable cause of your ED?

Start the ED Secondary FDC on your E-Ben site today, attach your Evidence, then hit the Submit Button. Even if you're sure the VA has everything, I'd still attach most recent ED Treatment & Nexus Evidence.

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