Citation Nr: 1551500	
Decision Date: 12/09/15    Archive Date: 12/16/15

DOCKET NO.  10-39 438	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Oakland, California


THE ISSUE

Entitlement to service connection for erectile dysfunction, to include as secondary to service-connected diabetes mellitus.  


REPRESENTATION

Appellant represented by:	California Department of Veterans Affairs


ATTORNEY FOR THE BOARD

C. Jones, Associate Counsel


INTRODUCTION

The Veteran had active military service from May 1970 to October 1973.  His decorations and awards include the Purple Heart and the Combat Infantryman Badge.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2008 rating decision of the Department of Veterans' Affairs (VA) Regional Office (RO) in Oakland, California, which denied service connection for erectile dysfunction.

The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ).  VA will notify the appellant if further action is required.


REMAND

The Veteran asserts that his erectile dysfunction is secondary to his service-connected diabetes mellitus.

In a March 2007 VA examination for the appellant's service-connected diabetes mellitus, the examiner noted a diagnosis of erectile dysfunction and determined that the condition was not caused by the service-connected diabetes mellitus.  A VA examination for the erectile dysfunction claim was provided in November 2007.  The examiner confirmed the diagnosis of erectile dysfunction and also opined that the condition was not caused by or related to the service-connected diabetes mellitus.  In support of their findings, both examiners opined that they Veteran's erectile dysfunction was established prior to the diagnosis of diabetes mellitus, and therefore was not related to the condition.  However, the examiners did not provide opinions regarding aggravation or in-service incurrence.  As such, an additional examination must be provided on remand.  

Accordingly, the case is REMANDED for the following action:

1.  Schedule the Veteran for a VA examination to determine the etiology of his erectile dysfunction.  The claims file, to include this remand, must be reviewed by the examiner and such review should be noted in the examination report.

Following examination of the Veteran, the examiner is to provide an opinion to the following:

a.  Is it at least as likely as not (a 50 percent probability or more) that the Veteran's erectile dysfunction was caused by his service-connected diabetes mellitus? 

b.  Is it at least as likely as not (a 50 percent probability or more) that the Veteran's erectile dysfunction was aggravated by (i.e., permanently worsened beyond normal progression) by his service-connected diabetes mellitus?

If aggravation is found, please give a baseline level of disability and a level of disability after aggravation.

c.  If the Veteran's erectile dysfunction was not caused or aggravated by his service-connected diabetes mellitus, is it at least as likely as not (a 50 percent probability or more) that erectile dysfunction is otherwise related to military service?

The examiner must provide a rationale for all opinions provided.  If an opinion cannot be made without resort to speculation, the examiner should provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be made.

2.  If the benefit sought on appeal remains denied, the Veteran and his representative should be provided a supplemental statement of the case (SSOC).  Then the case should be returned to the Board, if in order.

The appellant has the right to submit additional evidence and argument on the matter or matters the Board has remanded.  Kutscherousky v. West, 12 Vet. App. 369 (1999).

This claim must be afforded expeditious treatment.  The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner.  See 38 U.S.C.A. §§ 5109B, 7112 (West 2014).



_________________________________________________
ERIC S. LEBOFF
Veterans Law Judge, Board of Veterans' Appeals

Under 38 U.S.C.A. § 7252 (West 2014), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims.  This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal.  38 C.F.R. § 20.1100(b) (2015).