Citation Nr: 18156616
Decision Date: 12/11/18	Archive Date: 12/10/18

DOCKET NO. 16-53 319
DATE:	December 11, 2018
REMANDED
Entitlement to a compensable rating for erectile dysfunction is remanded.
REASONS FOR REMAND
The Veteran had active air service from November 1967 to July 1971.  
These matters come before the Board of Veterans’ Appeals (Board) on appeal from a July 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 
The Board finds that additional development is required before the claim on appeal is decided. 
Increase Rating – Erectile Dysfunction 
The Veteran’s service-connected erectile dysfunction was assigned a noncompensable rating, pursuant to 38 C.F.R. § 4.115b.  The Court of Appeals for Veterans Claims (Court), recently defined “deformity” as a distortion of the penis, either internal or external.  Williams v. Wilkie, 2018 U.S. App. Vet. Claims LEXIS 1037.
In 2012, the Veteran underwent radiation therapy to treat his service-connected prostate cancer.  The Veteran reports that his erectile dysfunction has worsened since the radiation treatment as the result of radiation induced neurological impairment.  
In light of the Court’s decision in Williams, and the Veteran’s assertion of an internal penile deformity in the form of neurological impairment, the Board finds that the Veteran should be afforded a VA examination to determine the current level of severity of all impairment resulting from his erectile dysfunction.
The matter is REMANDED for the following action:
1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file. 
2. Then, schedule the Veteran for a VA examination to determine the current level of severity of all impairment resulting from his erectile dysfunction, to specifically include a determination as to whether the Veteran has penile deformity.  The claims file must be made available to, and reviewed by the examiner.  Any indicated studies must be performed.  
Based on an examination of the Veteran and review of the record, the examiner should provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that the Veteran has a penile deformity, to include neurological impairment caused by radiation therapy.  
The rationale for all opinions expressed must be provided.  
3. Confirm that the VA examination report and all medical opinions provided comport with this remand, and undertake any other development determined to be warranted.
4. Then, readjudicate the claim on appeal.  If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response.  Then, return the case to the Board.  
 
Kristin Haddock
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Christina Quant, Law Clerk