Citation Nr: 18151125 Decision Date: 11/16/18 Archive Date: 11/16/18 DOCKET NO. 14-41 619 DATE: November 16, 2018 REMANDED Entitlement to a compensable disability rating for an epididymal cyst is remanded. REASONS FOR REMAND The Veteran had active duty service with the United States Marine Corps from July 2005 to December 2006. The Veteran was discharged under honorable conditions. The Veteran is a Gulf War Era Veteran. This matter is before the Board of Veterans’ Appeals (Board) on appeal from an August 2011 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Oakland, California. The appeal is REMANDED to the Agency of Original Jurisdiction. VA will notify the Veteran if further action is required. Entitlement to a compensable disability rating for an epididymal cyst is remanded. In Thun v. Peake, 22 Vet. App. 111, 115 (2008), the Court set out a three-part test, based on the language of 38 C.F.R. § 3.321(b)(1), for determining whether a Veteran is entitled to an extra-schedular rating: (1) the established schedular criteria must be inadequate to describe the severity and symptoms of the claimant's disability; (2) the case must present other indicia of an exceptional or unusual disability picture, such as marked interference with employment or frequent periods of hospitalization; and (3) the award of an extra-schedular disability rating must be in the interest of justice. Thun, 22 Vet. App. at 111, aff'd, Thun v. Shinseki, 572 F.3d 1366 (Fed. Cir. 2009). The Veteran's left epididymal cyst is rated as non-compensable on a schedular basis. 38 C.F.R. § 7599-7525 (2018). Epididymal cysts have no specific Diagnostic Code, but are rated by analogy under Diagnostic Code 7525. The Board notes, however, that the Veteran’s disability is rated under the Diagnostic Code for urinary tract infection, as provided under Diagnostic Code 7525. 38 C.F.R. §§ 4.115a, 4.115b, Diagnostic Code 7525 (2018). The record reflects functional criteria which is not contemplated by the rating criteria. Specifically, the Veteran has consistently complained of testicular pain and pain upon ejaculation. The Veteran has stated that his testicular pain is so severe that he has difficulty walking. The Board finds that this appeal should be referred to VA's Under Secretary for Benefits or Director of Compensation Service for consideration of the assignment of an extra-schedular rating. The matter is REMANDED for the following action: 1. Appropriate efforts should be made to obtain and associate with this case file any outstanding VA medical records and all private treatment records, with all necessary assistance from the Veteran. All information obtained must be made part of the file. All attempts to secure this evidence must be documented in the claims file, and if, after making reasonable efforts to obtain named records, they are not able to be secured, provide the required notice and opportunity to respond to the Veteran and his representative. 2. Refer the Veteran's left epididymal cyst claim to the Director, Compensation Service, for extraschedular consideration pursuant to 38 C.F.R. § 3.321(b)(1). A copy of the Director's decision on this claim must be included in the file KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. E. Trotter, Associate Counsel