Ha, I got it! ( SMC K)

[Richard1954]

About two weeks ago I was granted service connection for ED, but the rating did not say one thing about a K award. I prefected an appeal and requested a K award it was mailed on 23 May. Well I just looked at ebenefits - under addition Benefits and look what it says, see the last entry.  So it looks like they just took their time before listing it in ebenfits, but again nothing in the award letter mentions it. I Love it when a plan comes together !

You are receiving the following compensationsLearn More

SMC (K-1)Effective Date :

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (k) and 38 CFR 3.350(a) on account of loss of use of one foot from 09/27/1998.

Rating Date : 05/19/2022

SMC (L-1)Effective Date : 01/31/2007

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (l) and 38 CFR 3.350(b) on account of being so helpless as to be in need of regular aid and attendance while not hospitalized at U.S. government expense from 01/31/2007.

Rating Date : 05/19/2022

SMC (P-1)Effective Date : 01/31/2007

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (p) and 38 CFR 3.350(f)(3) at the rate intermediate between subsection (l) and subsection (m) on account of entitlement to the rate equal to subsection (l) with additional disability, low back strain with degenerative disc disease with left foot drop independently ratable at 50 percent or more from 01/31/2007.

Rating Date : 05/19/2022

SMC (K-1)Effective Date : 04/21/2022

Entitled to special monthly compensation under 38 U.S.C. 1114, subsection (k) and 38 CFR 3.350(a) on account of loss of use of a creative organ from 04/21/2022.

Rating Date : 05/19/2022

 

Edited May 30, 2022 by Richard1954
added information

[Whodat]

Well Richard, we all know as well as what the VA was and was not suppose to do but they will do what they want to anyways. But on a positive note, we can appeal their decisions, yes a long process but it exposes the quality of the VA raters. We need quality from raters, not performance as to how fast a claim could be processed and denied. 

[Richard1954]

Ironically, I received the grant letter today, the VA called CUE, but only after I called Cue go figure. They put the award of SMC in writing

[Dot09]

Congratulations Richard

[GBArmy]

Congrats, Richard. 

[broncovet]

Congratulations!  

    As far as an effective date for SMC, "it does not matter when you applied", instead you should get an effective date on facts found, that is, the date a doctor made a note in your file that first had ED, for example.  The reason is that SMC is inferred, when ever you meet the applicable criteria, you should get it.  

     You should decide if you are going to dispute the effective dates,(aka appeal)  and dispute them if you have evidence to contradict VA's dates in your favor.  For that you will have to review your medical file.  

[Richard1954]

On 6/14/2022 at 6:45 AM, broncovet said:

You should decide if you are going to dispute the effective dates,

No I'm not going to appeal.

I think I was very lucky to be rated 0% with the  K award.

I never mentioned ED to my doctors at any time. I had problems for 16-18 months before my claim, but never said a word.

I put the claim in expecting a C/P examination, instead I received a call from a NP on 29 Apr 2022,  who unknowing was doing an ACE  who asked me some questions.

1. When do you realize you had ED?   Answer: 16-18 Months ago

2. Are you on medication for ED?  Answer: No, I requeted Medication on 21 Apr 2022,  the day after I put the claim in and I just got the medication yesterday.

3. Have you used the Medication yet? Answer: No 

I was actually surpised to win the claim. There really are no medical records except for 21 Apr 2022, when I ask for meds thru the VA email system.   I never expected to win the claim, but I decided to try anyway.

Frankly, this was the eaisest claim I ever submitted.  I submitted the claim on 22 Apr 2022, and it was granted  on 3 May 2022. I could not have hoped for a quicker turn around.

Initially, they didn't issue the K award and I appealed citing QUE, but a day or two later I received a letter saying they made a mistake and officially granted the K award back to the day they received my claim. In fact,  when the $118 was deposited to my bank account it was deposited on the same day as my normal disability was except it was deposted separate from my overall payment.

So there you have it.  No real evidence except a few Internet articles indicating Diabettes II can cause ED, and my request for meds the day after the claim.

 

The examiner stated at least as likely as not and indicated Diabetes both types cause this issue.

Edited June 27, 2022 by Richard1954