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Question #45 VA removed
20% from my medical disability and I was not aware of this and I would like to know if there a way to get this percent back?
A1: You have to find out why the percentage was removed. If it was because
the VA says that your condition improved, you would have to prove that it didn't. If they removed the percentage because of
an error or fraud, you have to prove otherwise. The first step is to determine exactly why you were reduced. (AP)
4/22/2016 A2: You have to find out why the
percentage was removed. If it was because the VA says that your condition improved, you would have to prove that it didn't.
If they removed the percentage because of an error or fraud, you have to prove otherwise. The first step is to determine exactly
why you were reduced. (CP) 4/22/2016
A3: Write to your congressman to find out why they removed your rating. It should
take 30 days up to 60 days to get a faster response from it then once you find out then get hold of a VSO to fight the removal.
I expect the VA to do that to my rating once I get to 70 will remove the unemployability because of my age to reduce my compensation
to half to save money then will have to reopen it with all the conditions they have denied or sue the VA. The VA commits
fraud all the time and gets away with it. Example is the VA charges my Medicare and outside insurance for my medications
and treatments for all of them being service connected and the VA is supposed to be only charging for unrelated conditions.
Cost them one time about $6,600 for doing so and two months later went right back to doing it again. Don't you try it
or they will nail you for it. Find out and fight them but you will have to get the proof and never lose it and if it
worsens then make sure you have proof for that as well. Any conditions that you may have gotten from being in the military
if your sure and can prove it claim them as well. Best of Luck and keep on fighting for that is what you will have to
do. (JRM) 5/24/2016
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Question #46 I
am a 100% service connected Vietnam vet. 2 of my illnesses include prostate cancer, type 2 diabetes, which has caused
me "loss of creative organ." Do I qualify for $20,000 payment for such loss?
A1:
(a) Ratings under 38 U.S.C. 1114(k). Special monthly compensation under 38 U.S.C. 1114(k) is payable for each anatomical loss
or loss of use of one hand, one foot, both buttocks, one or more creative organs, blindness of one eye having only light perception,
deafness of both ears, having absence of air and bone conduction, complete organic aphonia with constant inability to communicate
by speech or, in the case of a woman veteran, loss of 25% or more of tissue from a single breast or both breasts in combination
(including loss by mastectomy or partial mastectomy), or following receipt of radiation treatment of breast tissue. This special
compensation is payable in addition to the basic rate of compensation otherwise payable on the basis of degree of disability,
provided that the combined rate of compensation does not exceed the monthly rate set forth in 38 U.S.C. 1114(l) when authorized
in conjunction with any of the provisions of 38 U.S.C. 1114 (a) through (j) or (s). When there is entitlement under 38 U.S.C.
1114 (l) through (n) or an intermediate rate under (p) such additional allowance is payable for each such anatomical loss
or loss of use existing in addition to the requirements for the basic rates, provided the total does not exceed the monthly
rate set forth in 38 U.S.C. 1114(o). The limitations on the maximum compensation payable under this paragraph are independent
of and do not preclude payment of additional compensation for dependents under 38 U.S.C. 1115, or the special allowance for
aid and attendance provided by 38 U.S.C. 1114(r). (AP) 4/22/2016 A2: The only thing I can recommend to you is for you to apply for service
connection for loss of creative organ secondary to prostate cancer and Diabetes Mellitus, Type II. You probably will
be service connected at a 0% rating with a Special Monthly Compensation K Award of $103.23 per month for loss of creative
organ. This is the third time I have heard the $20,000 amount mentioned. That amount is not authorized by law
or by regulation. The only think I can thing of is that someone may have filed for service connection for something
along with the loss of creative organ and received a payment for past due benefits that was around $20,000.00 so it became
an urban legend that you would get $20,000.00 for a male's loss of creative organ. This is a legend like all of those
people who tell you that they got their 100% rating in 90 days after appealing a VA rating denying disability compensation.
It could happen, but I have had few people who have gotten SC that quickly on an appeal. By the way if there
is a $20,000 payment allowable please let me know so I can advise the veterans with whom I work. (CP) 4/23/2016
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