Awarded new claim for ED secondary to Diabetes II

[Richard1954]

So within 2 weeks my claim was approved for service connectiion for ED. They combined it to my Diabetes II rating. The only reason I even applied was for the K award. But.... they did not award K award, and the rating letter says nothing about consideration of SMC. What is they deal? I was positive ED that  is service connected automatically resulted in K award.  Could I have been wrong? I have already appealed lack of K award as CUE claim... what do you think?

 

Thanks 

[Dustoff1970]

 You said they approved K with Diabetes then you say they did not award K.  Which is it?  Check your VA.GOV personal page on the VA.GOV website and then check your rated disabilities that will list all your current and in my case very recent ratings.  ED should be listed as service connected with a 0% rating.  Also the same VA.GOV website will give you a brief summary of your diabetes and K award.

Use the search box on VA.GOV for your disability ratings and it will then give you a link to click on.

The VARO often gives an award of 0% for SMC-K or ED and instead pays the vet a little over $100.00 per month in additional disability compensation for ED.  Seems to be routine award for vets taking strong VA medications for PTSD and other mental issues that are service connected.  Many different types of meds for different health issues can cause ED also.  C&P exams are usually routine short questions and wolla there it is.  Enjoy.  If in fact they failed to award you K with added 100.00 then send them a statement in support of claim ASAP. Just saying and I am done here.

My comment is not legal advice as I am not an attorney, paralegal or VSO and you need to ask a VSO for assist. 

Edited May 18, 2022 by Dustoff 11

[Richard1954]

1 hour ago, Dustoff 11 said:

 You said they approved K with Diabetes then you say they did not award K.  Which is it?  Check your VA.GOV personal page on the VA.GOV website and then check your rated disabilities that will list all your current and in my case very recent ratings.  ED should be listed as service connected with a 0% rating.  Also the same VA.GOV website will give you a brief summary of your diabetes and K award.

Use the search box on VA.GOV for your disability ratings and it will then give you a link to click on.

The VARO often gives an award of 0% for SMC-K or ED and instead pays the vet a little over $100.00 per month in additional disability compensation for ED.  Seems to be routine award for vets taking strong VA medications for PTSD and other mental issues that are service connected.  Many different types of meds for different health issues can cause ED also.  C&P exams are usually routine short questions and wolla there it is.  Enjoy.  If in fact they failed to award you K with added 100.00 then send them a statement in support of claim ASAP. Just saying and I am done here.

My comment is not legal advice as I am not an attorney, paralegal or VSO and you need to ask a VSO for assist. 

No you missread what I stated.. so let me be clear.. I was awarded ED secondary to Diabetes II, the award was then combined with my diabetes rating ( something I have never seen)  and they did not award SMC K for loss of use of a creative organ. It is my understanding that any award for SC of ED amounts to a 0% rating and a K award.  In my case ED was not rated separately and it did not result in the K award...  I am quite sure I understand the rules, just wanted to know if I am correct, or if someone is aware of any changes to the rules

[john999]

You probably should file a CUE for the K award.  I am in the same boat.  I have service connected DMII and also take pain meds for my back and feet.  If the VA granted service connection for ED they owe you the K award.  Maybe the VA thinks they can get away with not paying.   Those mothers will do anything to avoid paying a vet. The VA is also really stupid.  

[Whodat]

Looks again that RO's are doing some slim shady bravo seirra again. At least you did get serviced connected for ED. 

I have gotten denied multiple times. I claimed it as secondary to PTSD meds and other service connected disabilities. They find ways to deny or low-ball you and hope that you won't catch it. My denial was because of my age and I smoke. Could not say my weight. I am slim. I am 52 years old, did not start smoking until after the first gulf war, served 21 years and deployed many of times but not service connected. 

I agree with others. I am unaware of any regulations changes so therefore, you are entitled to the pay. Keep fighting. 

[Richard1954]

Let me add a side note to this. I was never diagnosed with ED. I had never been treated for ED. And Frankly it had been a long time since I enjoyed life in this area, mainly because I have COPD which makes it almost impossible to enjoy certain things in life. So recently when I discovered it would not work I suspected it might be due to the medications I am on for prostrate cancer. But I am also taking other medications that can cause this issue. And I have a couple of service connected issues that can also cause this. So I requested service connection for ED, and I threw everything against the wall, and whatever stuck, I used to support my claim. It wasn't until after I submitted my claim that I contaced my Primary care doctor and asked for some medication for this issue. He was more than happy to give me a perscription. Now less that a week after submitting the claim I received a call from a woman at the VA. I wasn't really paying attention to what she was saying because she had interrupted me while I was working on a pressing issue. She asked me was I ever diagnosed, I said no. She asked does it work at all , I said no nothing. She said how do you know its ED, I said  I know my body. She asked me have I used any meds, and I told her I just go some by my primary doctor, she them said does the medication help, I said I don't know haven't tried yet. Then she said goodby. Now initially I though she was a pharmacist, or a nurse working for my doctor, but like I said I really wasn't tuned into why she was calling. Then withing 14 days I had  a decision saying it was service connected, and they combined the award with my diabetes II  award which is almost two years old. I also though it would be rated as a stand alone condition, and still think it should have been. I searched the letter for a K award and nothing. I now think the lady was doing a ACE c/p exam, ( you know they call you up fail to tell you what they are dong and you don't find out untill after the fact).  To this date no doctor has said I have ED, I guess becaue I asked for medication a week after filing the claim, and it was given, they figured it was a diagnoses.  Why did I tell you all this, because while I do not want anyone to lie, and claim something they don't  have, at the same time veterans should know this is one area that they have to take your word for it. There is no way to prove you have it. If you have a condition that can lead to ED, or take meds that can cause ED and if you think you have ED, file the claim, you have nothing to lose, and a K award to gain. Now I would not have wasted my time filing if I could not have gotten a K award. I already have a 100% award for a single issue, and a second 100% for combined ratings, not counting the issue for the single award.  I have collected so many 10% and 0% awards that it just isn't worth my time to file anything unless I can get an SMC. Ironically, under  the new rating for lung disease they will not award 100% because of use of home oxygen anymore,  and 50% for use of a cpap has been changed too and will not be awarded anymore under the new rules. If I were rated under the new rules I would not have the 100% for my lungs.  I am always thinking ahead, and I could see this happining one day so I continued to file claims until I got a second 100%, in case they ever decided for any reason to take my 100% for my lung disease.  I used to advociate filing for anything you think should be service connected, but there comes a time,  when  the time and  effort spent on a claim becomes a wasted effort unless you are sure you can get additional compensation.  At one point I even fought for a temporary 100% award due to a new surgery recovery preriod on my left eye, I finally got it, and I though I would get a temporary bump on my SMC L 1/2 to M. Turned out temportary 100% awards will not result in a temporary bump. What a waste of time on my part, I got the award but I did not get any more compensation.  The rules for compensation are complex especially in the area of SMC's. Any way I have rambled longe enough , hope this info helps someone. 

[Whodat]

14 minutes ago, Richard1954 said:

Let me add a side note to this. I was never diagnosed with ED. I had never been treated for ED. And Frankly it had been a long time since I enjoyed life in this area, mainly because I have COPD which makes it almost impossible to enjoy certain things in life. So recently when I discovered it would not work I suspected it might be due to the medications I am on for prostrate cancer. But I am also taking other medications that can cause this issue. And I have a couple of service connected issues that can also cause this. So I requested service connection for ED, and I threw everything against the wall, and whatever stuck, I used to support my claim. It wasn't until after I submitted my claim that I contaced my Primary care doctor and asked for some medication for this issue. He was more than happy to give me a perscription. Now less that a week after submitting the claim I received a call from a woman at the VA. I wasn't really paying attention to what she was saying because she had interrupted me while I was working on a pressing issue. She asked me was I ever diagnosed, I said no. She asked does it work at all , I said no nothing. She said how do you know its ED, I said  I know my body. She asked me have I used any meds, and I told her I just go some by my primary doctor, she them said does the medication help, I said I don't know haven't tried yet. Then she said goodby. Now initially I though she was a pharmacist, or a nurse working for my doctor, but like I said I really wasn't tuned into why she was calling. Then withing 14 days I had  a decision saying it was service connected, and they combined the award with my diabetes II  award which is almost two years old. I also though it would be rated as a stand alone condition, and still think it should have been. I searched the letter for a K award and nothing. I now think the lady was doing a ACE c/p exam, ( you know they call you up fail to tell you what they are dong and you don't find out untill after the fact).  To this date no doctor has said I have ED, I guess becaue I asked for medication a week after filing the claim, and it was given, they figured it was a diagnoses.  Why did I tell you all this, because while I do not want anyone to lie, and claim something they don't  have, at the same time veterans should know this is one area that they have to take your word for it. There is no way to prove you have it. If you have a condition that can lead to ED, or take meds that can cause ED and if you think you have ED, file the claim, you have nothing to lose, and a K award to gain. Now I would not have wasted my time filing if I could not have gotten a K award. I already have a 100% award for a single issue, and a second 100% for combined ratings, not counting the issue for the single award.  I have collected so many 10% and 0% awards that it just isn't worth my time to file anything unless I can get an SMC. Ironically, under  the new rating for lung disease they will not award 100% because of use of home oxygen anymore,  and 50% for use of a cpap has been changed too and will not be awarded anymore under the new rules. If I were rated under the new rules I would not have the 100% for my lungs.  I am always thinking ahead, and I could see this happining one day so I continued to file claims until I got a second 100%, in case they ever decided for any reason to take my 100% for my lung disease.  I used to advociate filing for anything you think should be service connected, but there comes a time,  when  the time and  effort spent on a claim becomes a wasted effort unless you are sure you can get additional compensation.  At one point I even fought for a temporary 100% award due to a new surgery recovery preriod on my left eye, I finally got it, and I though I would get a temporary bump on my SMC L 1/2 to M. Turned out temportary 100% awards will not result in a temporary bump. What a waste of time on my part, I got the award but I did not get any more compensation.  The rules for compensation are complex especially in the area of SMC's. Any way I have rambled longe enough , hope this info helps someone. 

Wow. Blows my mind esp the phone call. 

I do agree, if a disability changes your lifestyle then claim it. 

It has really changed mine. With PTSD and other conditions, it has really changed mine. It's very depressing for myself and wife. Like I have stated, I am 52, wife is 12 years younger than me. I have been diagnosed, get medicine, sometimes it works, most time it doesn't. I am not after extra money but I do think that my military career has contributed to this problem. 

My heartburn is the denial. The facts are there but VA blames it on alcohol abuse which I don't do but it's tied into my PTSD. They also blamed it on smoking but never mentioned depression anxiety insomnia or my meds that I take.  But like everyone always tell me, don't give up, stay in the fight.