The Deborah Scott Story: A Horror Story at the VA Part II

by Deborah Scott

On November 10th, 2008, I filed for a request for the reason why I was granted Special Monthly Compensation, as of 10-7-96, but have never received payment.  I found this information by contacting the 1-800-827-1000, and the VA representative found the mistakes and she send the request. 

A week later I received a letter from the Pittsburgh Regional Office, stating that I was granted the SMC on 10-7-96, but it was only until November 1. 1996, and because it wasn’t a month, I wasn’t entitled to payment.  First of all, Special Monthly Compensation isn’t awarded temporary.  It’s awarded for permanent loss of a creative organ, etc.

Here’s the law this is under,
 
Under the rating schedular for Special Monthly Compensation -CFR 38 U.S.C.1114(k)
 
Special Monthly Compensation under this regulation is payable (in the case of women veterans) when loss of 25% or more of tissue from a single or both breast in combination (including loss by mastectomy or partial mastectomy) or following receipt of radiation treatment of breast tissue.
 
Special Compensation for loss of Creative organ -38 U.S.C. 1114(i)
 
Loss of a creative organ will be shown by aquired absences of one or both creative organs.
 
(ii)  Loss or loss of use to an elective operation performed subsequently to services, will not established entitlement to the benefit.  If, however the operation after discharge was required for the correction of a specify injury caused by a preceeding operation in service, it will support authoriztion of the benefit. 

When the existence of disability is established meeting the above requirements for nonfunctioning creative organ due to operation after service resulting in loss of use, the benefit may be granted even thought the operation is one of election.  An operation is not considered to be one of election where it is advised on sound medical judgement for the releif of a pathological condition or to prevent possible future pathological consequences.
 
Rating Schedule – Gynecological and Breast disorders – 4.116 CFR 38 7626  Breast, surgery of,
 
Following simple mastectomy or wide local excision with significant alteration of sze or form
 
Both – Rating 50%
One  – Rating 30%
 
So I asked for a copy of this decision from the Pittsburgh Regional office and a copy of the law that shows were there is a temporary SMC award.  What I got first was a form for me to file a new claim, for the SMC.  (It has been 30 years and counting and because of prejudices and unlawful rules of pratices by persons who work at this same office, were they serious). 

However, I wrote the Director, of the Pittsburgh Regional office and the adjudication department asking agian for a copy of this decision.  This time they sent me copies from my C-file, some decisions from 1977 – 2004.  
 
I’m not sure if they meant to send me some of these decisions.  because there were decisions dated 8-30-89, and 1-13-93. In these decisions I was denied service connection for these issues     

1. HEART BLOCK, STATUS POST PACEMAKER IMPLANTATION – 30% – (AFTER 13 IMPLANTS SINCE 1977). 
2. S/P RESIDUALS, PACEMAKER WIRES RIGHT CHEST -0%  (FOUR IMPLANTS ON BOTH SIDES
3. ARTHRITIS, RIGHT SHOULDER – 0%
4. CERVICAL DISKECTOMY, C5-6, C6-7 WITH HYDROXYAPATITE FUSION – 0%
5. PULMONARY EMBOLISM – 0% (I’VE HAD 12 CLOTS ON MY LUNGS DUE TO PACEMAKERS WIRE- WHICH IS THE  REASON WHY I HAD A THORACATOMY – WHICH THE VA REGIONAL OFFICE STATED MY OPEN HEART SURGERY 
6. WASN’T CONSIDERED MAJOR).
7. LOSS OF USE, CREATIVE ORGANS – 0%
8. HEALED LACERATION, LEFT WRIST – 0%
9. ALOPECIA – 0%
10. HEADACHES – 0%
11. NEUROLOGICAL CONDITION, RIGHT ARM – 0%
12. NEUROLOGICAL CONDITION, LEFT ARM – 0%
13. CONVERSION REACTION – 0%
14. PERSONALITY DISORDER

SERVICE CONNECTION 30% FROM 4-1-86 DISABILITY IS THE RESULT OF VETERAN’S OWN WILLFUL MISCONDUCT AND/OR VICIOUS HABITS:  ALCOHOL AND SUBTANCE ABUSE  

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• READ PART III of the Deborah Scott Story
• READ PART I of The Deborah Scott Story

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DEBORAH SCOTT can be reach via email at; [email protected]