Va's Definition of Creative Organ

medicalmystery

PEB Forum Veteran
Registered Member
#1
Can anyone shed some light on whether or not a gallbladder is considered a "creative organ" according to VA? I am trying to get Special Monthly Compensation for an emergency laparoscopic cholecystectomy (gallbladder removal).
 

Combat Eng

PEB Forum Veteran
Registered Member
#2
Creative organ
(i)Loss of a creative organ will be shown by acquired absence of one or both testicles (other than undescended testicles) or ovaries or other creative organ. Loss of use of one testicle will be established when examination by a board finds that:


(a) The diameters of the affected testicle are reduced to one-third of the corresponding diameters of the paired normal testicle, or


(b) The diameters of the affected testicle are reduced to one-half or less of the corresponding normal testicle and there is alteration of consistency so that the affected testicle is considerably harder or softer than the corresponding normal testicle; or


(c) If neither of the conditions (a)or (b) is met, when a biopsy, recommended by a board including a genitourologist and accepted by the veteran, establishes the absence of spermatozoa.


(ii) When loss or loss of use of a creative organ resulted from wounds or other trauma sustained in service, or resulted from operations in service for the relief of other conditions, the creative organ becoming incidentally involved, the benefit may be granted.


(iii) Loss or loss of use traceable to an elective operation performed subsequent to service, will not establish entitlement to the benefit. If, however the operation after discharge was required for the correction of a specific injury caused by a preceding operation in service. it will support authorization of the benefit. When the existence of disability is established meeting the above requirements for nonfunctioning testicle due to operation after service, resulting in loss of use, the benefit may be granted even though the operation is one of election. An operation is not considered to be one of election where it is advised on sound medical judgment for the relief of a pathological condition or to prevent possible future pathological consequences.


(iv) Atrophy resulting from mumps followed by orchitis in service is service connected. Since atrophy is usually perceptible within 1 to 6 months after infection subsides, an examination more than 6 months after the subsidence of orchitis demonstrating a normal genitourinary system will be considered in determining rebuttal of service incurrence of atrophy later demonstrated. Mumps not followed by orchitis in service will not suffice as the antecedent cause of subsequent atrophy for the purpose of authorizing the benefit.


(2) Foot and hand.


(i)Loss of use of a hand or a foot will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance, propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis; for example:


(a)Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 3 1/2 inches or more, will constitute loss of use of the hand or foot involved.


(b)Complete paralysis of the external popliteal nerve (common peroneal) and consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot.


(3) Both buttocks.


(i)Loss of use of both buttocks shall be deemed to exist when there is severe damage by disease or injury to muscle group XVII, bilateral, (diagnostic code 5317) and additional disability making it impossible for the disabled person, without assistance, to rise from a seated position and from a stooped position (fingers to toes position) and to maintain postural stability (the pelvis upon head of femur). The assistance may be done by the person’s own hands or arms, and, in the matter of postural stability, by a special appliance. (Authority: 38 U.S.C. 1114(k))


(ii) Special monthly compensation for loss or loss of use of both lower extremities (38 U.S.C. 1114(l) through (n)) will not preclude additional compensation under 38 U.S.C. 1114(k) for loss of use of both buttocks where appropriate tests clearly substantiate that there is such additional loss.


(4) Eye. Loss of use or blindness of one eye, having only light perception, will be held to exist when there is inability to recognize test letters at 1 foot and when further examination of the eye reveals that perception of objects, hand movements, or counting fingers cannot be accomplished at 3 feet. Lesser extents of vision, particularly perception of objects, hand movements, or counting fingers at distances less than 3 feet is considered of negligible utility.


(5) Deafness. Deafness of both ears, having absence of air and bone conduction will be held to exist where examination in a Department of Veterans Affairs authorized audiology clinic under current testing criteria shows bilateral hearing loss is equal to or greater than the minimum bilateral hearing loss required for a maximum rating evaluation under the rating schedule. (Authority: Pub. L. 88-20)


(6) Aphonia. Complete organic aphonia will be held to exist where there is a disability of the organs of speech which constantly precludes communication by speech. (Authority: Pub. L. 88-22)



(b) Ratings under 38 U.S.C. 1114(l). The special monthly compensation provided by 38 U.S.C. 1114(l) is payable for anatomical loss or loss of use of both feet, one hand and one foot, blindness in both eyes with visual acuity of 5/200 or less or being permanently bedridden or so helpless as to be in need of regular aid and attendance.


(1) Extremities. The criteria for loss and loss of use of an extremity contained in paragraph (a)(2) of this section are applicable.


(2) Eyes, bilateral. 5/200 visual acuity or less bilaterally qualifies for entitlement under 38 U.S.C. 1114(l). However, evaluation of 5/200 based on acuity in excess of that degree but less than 10/200 (§4.83 of this chapter) does not qualify. Concentric contraction of the field of vision beyond 5 degrees in both eyes is the equivalent of 5/200 visual acuity.


(3) Need for aid and attendance. The criteria for determining that a veteran is so helpless as to be in need of regular aid and attendance are contained in §3.352(a).


(4) Permanently bedridden. The criteria for rating are contained in §3.352(a). Where possible, determinations should be on the basis of permanently bedridden rather than for need of aid and attendance (except where 38 U.S.C. 1114(r) is involved) to avoid reduction during hospitalization where aid and attendance is provided in kind.


(c) Ratings under 38 U.S.C. 1114(m).


(1) The special monthly compensation provided by 38 U.S.C. 1114(m) is payable for any of the following conditions:


(i) Anatomical loss or loss of use of both hands;


(ii) Anatomical loss or loss of use of both legs at a level, or with complications, preventing natural knee action with prosthesis in place;


(iii) Anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place with anatomical loss or loss of use of one leg at a level, or with complications, preventing natural knee action with prosthesis in place;


(iv) Blindness in both eyes having only light perception;


(v) Blindness in both eyes leaving the veteran so helpless as to be in need of regular aid and attendance.


(2) Natural elbow or knee action. In determining whether there is natural elbow or knee action with prosthesis in place, consideration will be based on whether use of the proper prosthetic appliance requires natural use of the joint, or whether necessary motion is otherwise controlled, so that the muscles affecting joint motion, if not already atrophied, will become so. If there is no movement in the joint, as in ankylosis or complete paralysis, use of prosthesis is not to be expected, and the determination will be as though there were one in place.


(3) Eyes, bilateral. With visual acuity 5/200 or less or the vision field reduced to 5 degree concentric contraction in both eyes, entitlement on account of need for regular aid and attendance will be determined on the facts in the individual case.


(d) Ratings under 38 U.S.C. 1114(n). The special monthly compensation provided by 38 U.S.C. 1114(n) is payable for any of the conditions which follow: Amputation is a prerequisite except for loss of use of both arms and blindness without light perception in both eyes. If a prosthesis cannot be worn at the present level of amputation but could be applied if there were a reamputation at a higher level, the requirements of this paragraph are not met; instead, consideration will be given to loss of natural elbow or knee action.


(1) Anatomical loss or loss of use of both arms at a level or with complications, preventing natural elbow action with prosthesis in place;


(2) Anatomical loss of both legs so near the hip as to prevent use of a prosthetic appliance;


(3) Anatomical loss of one arm so near the shoulder as to prevent use of a prosthetic appliance with anatomical loss of one leg so near the hip as to prevent use of a prosthetic appliance;


(4) Anatomical loss of both eyes or blindness without light perception in both eyes.
 

medicalmystery

PEB Forum Veteran
Registered Member
#3
Creative organ
(i)Loss of a creative organ will be shown by acquired absence of one or both testicles (other than undescended testicles) or ovaries or other creative organ. Loss of use of one testicle will be established when examination by a board finds that:


(a) The diameters of the affected testicle are reduced to one-third of the corresponding diameters of the paired normal testicle, or


(b) The diameters of the affected testicle are reduced to one-half or less of the corresponding normal testicle and there is alteration of consistency so that the affected testicle is considerably harder or softer than the corresponding normal testicle; or


(c) If neither of the conditions (a)or (b) is met, when a biopsy, recommended by a board including a genitourologist and accepted by the veteran, establishes the absence of spermatozoa.


(ii) When loss or loss of use of a creative organ resulted from wounds or other trauma sustained in service, or resulted from operations in service for the relief of other conditions, the creative organ becoming incidentally involved, the benefit may be granted.


(iii) Loss or loss of use traceable to an elective operation performed subsequent to service, will not establish entitlement to the benefit. If, however the operation after discharge was required for the correction of a specific injury caused by a preceding operation in service. it will support authorization of the benefit. When the existence of disability is established meeting the above requirements for nonfunctioning testicle due to operation after service, resulting in loss of use, the benefit may be granted even though the operation is one of election. An operation is not considered to be one of election where it is advised on sound medical judgment for the relief of a pathological condition or to prevent possible future pathological consequences.


(iv) Atrophy resulting from mumps followed by orchitis in service is service connected. Since atrophy is usually perceptible within 1 to 6 months after infection subsides, an examination more than 6 months after the subsidence of orchitis demonstrating a normal genitourinary system will be considered in determining rebuttal of service incurrence of atrophy later demonstrated. Mumps not followed by orchitis in service will not suffice as the antecedent cause of subsequent atrophy for the purpose of authorizing the benefit.


(2) Foot and hand.


(i)Loss of use of a hand or a foot will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. The determination will be made on the basis of the actual remaining function, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance, propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis; for example:


(a)Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 3 1/2 inches or more, will constitute loss of use of the hand or foot involved.


(b)Complete paralysis of the external popliteal nerve (common peroneal) and consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot.


(3) Both buttocks.


(i)Loss of use of both buttocks shall be deemed to exist when there is severe damage by disease or injury to muscle group XVII, bilateral, (diagnostic code 5317) and additional disability making it impossible for the disabled person, without assistance, to rise from a seated position and from a stooped position (fingers to toes position) and to maintain postural stability (the pelvis upon head of femur). The assistance may be done by the person’s own hands or arms, and, in the matter of postural stability, by a special appliance. (Authority: 38 U.S.C. 1114(k))


(ii) Special monthly compensation for loss or loss of use of both lower extremities (38 U.S.C. 1114(l) through (n)) will not preclude additional compensation under 38 U.S.C. 1114(k) for loss of use of both buttocks where appropriate tests clearly substantiate that there is such additional loss.


(4) Eye. Loss of use or blindness of one eye, having only light perception, will be held to exist when there is inability to recognize test letters at 1 foot and when further examination of the eye reveals that perception of objects, hand movements, or counting fingers cannot be accomplished at 3 feet. Lesser extents of vision, particularly perception of objects, hand movements, or counting fingers at distances less than 3 feet is considered of negligible utility.


(5) Deafness. Deafness of both ears, having absence of air and bone conduction will be held to exist where examination in a Department of Veterans Affairs authorized audiology clinic under current testing criteria shows bilateral hearing loss is equal to or greater than the minimum bilateral hearing loss required for a maximum rating evaluation under the rating schedule. (Authority: Pub. L. 88-20)


(6) Aphonia. Complete organic aphonia will be held to exist where there is a disability of the organs of speech which constantly precludes communication by speech. (Authority: Pub. L. 88-22)



(b) Ratings under 38 U.S.C. 1114(l). The special monthly compensation provided by 38 U.S.C. 1114(l) is payable for anatomical loss or loss of use of both feet, one hand and one foot, blindness in both eyes with visual acuity of 5/200 or less or being permanently bedridden or so helpless as to be in need of regular aid and attendance.


(1) Extremities. The criteria for loss and loss of use of an extremity contained in paragraph (a)(2) of this section are applicable.


(2) Eyes, bilateral. 5/200 visual acuity or less bilaterally qualifies for entitlement under 38 U.S.C. 1114(l). However, evaluation of 5/200 based on acuity in excess of that degree but less than 10/200 (§4.83 of this chapter) does not qualify. Concentric contraction of the field of vision beyond 5 degrees in both eyes is the equivalent of 5/200 visual acuity.


(3) Need for aid and attendance. The criteria for determining that a veteran is so helpless as to be in need of regular aid and attendance are contained in §3.352(a).


(4) Permanently bedridden. The criteria for rating are contained in §3.352(a). Where possible, determinations should be on the basis of permanently bedridden rather than for need of aid and attendance (except where 38 U.S.C. 1114(r) is involved) to avoid reduction during hospitalization where aid and attendance is provided in kind.


(c) Ratings under 38 U.S.C. 1114(m).


(1) The special monthly compensation provided by 38 U.S.C. 1114(m) is payable for any of the following conditions:


(i) Anatomical loss or loss of use of both hands;


(ii) Anatomical loss or loss of use of both legs at a level, or with complications, preventing natural knee action with prosthesis in place;


(iii) Anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place with anatomical loss or loss of use of one leg at a level, or with complications, preventing natural knee action with prosthesis in place;


(iv) Blindness in both eyes having only light perception;


(v) Blindness in both eyes leaving the veteran so helpless as to be in need of regular aid and attendance.


(2) Natural elbow or knee action. In determining whether there is natural elbow or knee action with prosthesis in place, consideration will be based on whether use of the proper prosthetic appliance requires natural use of the joint, or whether necessary motion is otherwise controlled, so that the muscles affecting joint motion, if not already atrophied, will become so. If there is no movement in the joint, as in ankylosis or complete paralysis, use of prosthesis is not to be expected, and the determination will be as though there were one in place.


(3) Eyes, bilateral. With visual acuity 5/200 or less or the vision field reduced to 5 degree concentric contraction in both eyes, entitlement on account of need for regular aid and attendance will be determined on the facts in the individual case.


(d) Ratings under 38 U.S.C. 1114(n). The special monthly compensation provided by 38 U.S.C. 1114(n) is payable for any of the conditions which follow: Amputation is a prerequisite except for loss of use of both arms and blindness without light perception in both eyes. If a prosthesis cannot be worn at the present level of amputation but could be applied if there were a reamputation at a higher level, the requirements of this paragraph are not met; instead, consideration will be given to loss of natural elbow or knee action.


(1) Anatomical loss or loss of use of both arms at a level or with complications, preventing natural elbow action with prosthesis in place;


(2) Anatomical loss of both legs so near the hip as to prevent use of a prosthetic appliance;


(3) Anatomical loss of one arm so near the shoulder as to prevent use of a prosthetic appliance with anatomical loss of one leg so near the hip as to prevent use of a prosthetic appliance;


(4) Anatomical loss of both eyes or blindness without light perception in both eyes.
Thanks for providing the information. Now, is (i)Loss of a creative organ will be shown by acquired absence of one or both testicles (other than undescended testicles) or ovaries or other creative organ. Now, I am trying to figure out if a gallbladder is considered an "other creative organ".
 

Combat Eng

PEB Forum Veteran
Registered Member
#4
I provided the regulation so you could read and see if it's listed!! If it's not listed than I'm unsure if gallbladder is considered
 

ranger2992

PEB Forum Veteran
#5
Thanks for providing the information. Now, is (i)Loss of a creative organ will be shown by acquired absence of one or both testicles (other than undescended testicles) or ovaries or other creative organ. Now, I am trying to figure out if a gallbladder is considered an "other creative organ".
How would you consider the gall bladder a creative organ? Creative being the key word. Testicles create sperm (life), hands and feet create things, ie art, buildings, vehicles, etc, etc. Eyes are used to visualize everything and create understanding of the outside world, and ears create effective communication. The gall bladder does not anything. It is an organ than one can live comfortably without, and does not prevent creation of anything. The appendix, would that be considered creative?

All you can do is submit the request, but I am pretty sure we know where it will go. I wish you best of luck and please keep us informed as to how they rule. I am sure if you get a positive outcome on this, the info will help a lot of people.

Joe
 

medicalmystery

PEB Forum Veteran
Registered Member
#6
How would you consider the gall bladder a creative organ? Creative being the key word. Testicles create sperm (life), hands and feet create things, ie art, buildings, vehicles, etc, etc. Eyes are used to visualize everything and create understanding of the outside world, and ears create effective communication. The gall bladder does not anything. It is an organ than one can live comfortably without, and does not prevent creation of anything. The appendix, would that be considered creative?

All you can do is submit the request, but I am pretty sure we know where it will go. I wish you best of luck and please keep us informed as to how they rule. I am sure if you get a positive outcome on this, the info will help a lot of people.

Joe
Thanks, I really never heard of the term "creative" relating to any organ, but I saw it on the appeals for VA:
Citation Nr: 0823292 Decision Date: 07/15/08 Archive Date: 07/23 ...
www.va.gov/vetapp08/files3/0823292.txt‎
Entitlement to service connection for gall bladder disease. 3. Entitlement to special monthly compensation (SMC) for loss of use of a creative organ. 4.
 

Combat Eng

PEB Forum Veteran
Registered Member
#7
Was the gall bladder disease the result of your removal? Are you rated for it? I see them possibly giving you SMC-K for loss of use which is a extra 100$, which most get when rated for ED
 

ranger2992

PEB Forum Veteran
#8
Thanks, I really never heard of the term "creative" relating to any organ, but I saw it on the appeals for VA:
Citation Nr: 0823292 Decision Date: 07/15/08 Archive Date: 07/23 ...
www.va.gov/vetapp08/files3/0823292.txt‎
Entitlement to service connection for gall bladder disease. 3. Entitlement to special monthly compensation (SMC) for loss of use of a creative organ. 4.
Did you read the decision in the appeal in that link? He tried to claim his gall bladder removal was causing sexual dysfunction, but he lost. It goes back to the definition of a creative organ, and he was unable to connect the gall bladder removal to his ED, which he is service connected. If you somehow can prove that the removal resulted in one of the creative organ definitions posted above, you have a shot, but I think you are traveling down a hard road.
 

medicalmystery

PEB Forum Veteran
Registered Member
#9
Was the gall bladder disease the result of your removal? Are you rated for it? I see them possibly giving you SMC-K for loss of use which is a extra 100$, which most get when rated for ED
Combat, Yes, I had to get my gallbladder removed due to gallbladder disease. It was on my 3947, but I realized while waiting for final ratings that it was never rated nor listed as one of my contentions. I will let you all know how it turns out because I am informing the VA that it was an unrated contention on my initial claim.
 

medicalmystery

PEB Forum Veteran
Registered Member
#10
Did you read the decision in the appeal in that link? He tried to claim his gall bladder removal was causing sexual dysfunction, but he lost. It goes back to the definition of a creative organ, and he was unable to connect the gall bladder removal to his ED, which he is service connected. If you somehow can prove that the removal resulted in one of the creative organ definitions posted above, you have a shot, but I think you are traveling down a hard road.
Ranger, I don't think that it is that serious-:), I am not going to go through all that, but I should have qualified with my vision, which I don't know why I was rated for SMC-so we'll see.
 

ranger2992

PEB Forum Veteran
#11
Ranger, I don't think that it is that serious-:), I am not going to go through all that, but I should have qualified with my vision, which I don't know why I was rated for SMC-so we'll see.
Not trying to bust your chops, I was just saying I read through that legal decision, and letting you know that they had ruled against him and why. I certainly don't want to come off judgmental, and if I did, I am sorry. Sometimes I tend to be too direct, but I don't mean it in a rude way. I think everybody should follow everything that is wrong with them through to the end.

Anyway, feel free to call me Joe, and please don't be afraid to ask questions :)
 

Combat Eng

PEB Forum Veteran
Registered Member
#12
Combat, Yes, I had to get my gallbladder removed due to gallbladder disease. It was on my 3947, but I realized while waiting for final ratings that it was never rated nor listed as one of my contentions. I will let you all know how it turns out because I am informing the VA that it was an unrated contention on my initial claim.
Ok, you would need to file a claim for it, I would get it contact with a local VSO to assist you! But if you didn't get the rating you feel you deserved for your vision you should tackle that first
 

medicalmystery

PEB Forum Veteran
Registered Member
#13
Not trying to bust your chops, I was just saying I read through that legal decision, and letting you know that they had ruled against him and why. I certainly don't want to come off judgmental, and if I did, I am sorry. Sometimes I tend to be too direct, but I don't mean it in a rude way. I think everybody should follow everything that is wrong with them through to the end.

Anyway, feel free to call me Joe, and please don't be afraid to ask questions :)
I know you weren't being judgmental. I was saying that it's not that serious meaning that is too much to go through when I am satisfied and grateful for my rating now :D! No need to apologize-I didn't take it that way. I didn't even read through the whole decision, I just googled gallbladder and creative organ. Maybe that guy was thinking like me-;)! Thanks for the feedback.
 

medicalmystery

PEB Forum Veteran
Registered Member
#14
Ranger, I don't think that it is that serious-:), I am not going to go through all that, but I should have qualified with my vision, which I don't know why I was rated for SMC-so we'll see.
Thanks, since I got a 100%, I don't even think it's worth the headache to fight for the SMC. I have to direct my attention to fighting for this CRSC--;)!
 

Warrior644

PEB Forum Veteran
Registered Member
#15
Can anyone shed some light on whether or not a gallbladder is considered a "creative organ" according to VA? I am trying to get Special Monthly Compensation for an emergency laparoscopic cholecystectomy (gallbladder removal).
Hmm, I was informed by a DoVA representative during an ACAP briefing that the DoVA D-RAS doesn't provide disability compensation due to a surgery, or a surgical procedure since it's performed to potentially improve the health condition of a military service member or military veteran.

To that extent, the DoVA representative stated that the DoVA D-RAS shall evaluation the residual medical conditions or complications from a surgery or a surgical procedure; therefore, please ensure that those medical conditions or complications are properly annotated within the military veteran's C-File and Service Treatment Record (STR).

With that all said, all you experiencing any medical complications from the emergency laparoscopic cholecystectomy? If so and if those medical complications yield chronic symptomatology then your opportunity to receive DoVA disability compensation potentially is favorable in my opinion.

Moreover, it's important to note that upon the military veteran's receipt of DoVA final ratings, they are not DoVA "protected ratings" which means that they are still subject to change via any future DoVA C&P Examination(s).

In retrospect, IAW 38 CFR 3.952 - Protected ratings, if a military veteran have been classified with the same rating for 20 years or more (e.g., a continuous rating in legal terms), the DoVA cannot reduce a military veteran's final rating unless they can demonstrate that the military veteran have committed fraud.

As such, if a military veteran is given an increased DoVA final rating of "100% P&T" then future DoVA C&P Examinations will not be scheduled; in essence, keeping the DoVA rating at 100% but it's still not a DoVA protected rating. However, even a 100% rating that have been in effect for less than five years may be reevaluated.

Bottom line, please remain very cautious when potentially deciding to willingly give the DoVA an opportunity to issue a medical re-evaluation by the submission of a DoVA application for increased disability compensation. In my opinion, no one actually knows how the DoVA D-RAS shall truly evaluate the increased disability claim for a final rating; it could potentially be re-evaluated then proposed for less than a DoVA final rating of 100%.

Thus, I quite often comment that "possessing well-informed knowledge is truly a powerful equalizer."

Best Wishes!
 

medicalmystery

PEB Forum Veteran
Registered Member
#16
Hmm, I was informed by a DoVA representative during an ACAP briefing that the DoVA D-RAS doesn't provide disability compensation due to a surgery, or a surgical procedure since it's performed to potentially improve the health condition of a military service member or military veteran.

To that extent, the DoVA representative stated that the DoVA D-RAS shall evaluation the residual medical conditions or complications from a surgery or a surgical procedure; therefore, please ensure that those medical conditions or complications are properly annotated within the military veteran's C-File and Service Treatment Record (STR).

With that all said, all you experiencing any medical complications from the emergency laparoscopic cholecystectomy? If so and if those medical complications yield chronic symptomatology then your opportunity to receive DoVA disability compensation potentially is favorable in my opinion.

Moreover, it's important to note that upon the military veteran's receipt of DoVA final ratings, they are not DoVA "protected ratings" which means that they are still subject to change via any future DoVA C&P Examination(s).

In retrospect, IAW 38 CFR 3.952 - Protected ratings, if a military veteran have been classified with the same rating for 20 years or more (e.g., a continuous rating in legal terms), the DoVA cannot reduce a military veteran's final rating unless they can demonstrate that the military veteran have committed fraud.

As such, if a military veteran is given an increased DoVA final rating of "100% P&T" then future DoVA C&P Examinations will not be scheduled; in essence, keeping the DoVA rating at 100% but it's still not a DoVA protected rating. However, even a 100% rating that have been in effect for less than five years may be reevaluated.
Thanks for the helpful info!
 

patrela1

Registered Member
#18
Can anyone shed some light on whether or not a gallbladder is considered a "creative organ" according to VA? I am trying to get Special Monthly Compensation for an emergency laparoscopic cholecystectomy (gallbladder removal).
I had my gall bladder removed in 2011, It is not a creative organ, creative organs are those
used particularly for reproduction, Testes, Ovaries, Penis, Fallopian Tubes etc.
Be Blessed, Ret. SSG Lawrence
90% SC
OPM 2007
SSDI 2009
IU Pending
ARBCMR MED- RET Pending
 

medicalmystery

PEB Forum Veteran
Registered Member
#19
I had my gall bladder removed in 2011, It is not a creative organ, creative organs are those
used particularly for reproduction, Testes, Ovaries, Penis, Fallopian Tubes etc.
Be Blessed, Ret. SSG Lawrence
90% SC
OPM 2007
SSDI 2009
IU Pending
ARBCMR MED- RET Pending
I guess I was just trying to be "creative" in obtaining that SMC-lol. I now, understand why they are considered creative organs. Thanks for responding.
 
data-matched-content-ui-type="image_stacked" data-matched-content-rows-num="3" data-matched-content-columns-num="1" data-ad-format="autorelaxed">
Top