Citation Nr: 18161222 Decision Date: 12/31/18 Archive Date: 12/31/18 DOCKET NO. 17-05 591A DATE: December 31, 2018 ORDER Entitlement to a compensable initial rating for erectile dysfunction is denied. FINDING OF FACT The Veteran’s erectile dysfunction is not associated with deformity of the penis. CONCLUSION OF LAW The criteria for a compensable rating for erectile dysfunction have not been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 4.115a, 4.115b, Diagnostic Code 7525. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from October 1968 to October 1970 and April 1977 to October 1980. 1. Entitlement to a compensable initial rating for erectile dysfunction In an April 2013 rating decision, the RO granted service connection for erectile dysfunction and assigned a noncompensable rating effective August 21, 2012, along with special monthly compensation based on the loss of use of a creative organ. The Veteran disagreed with the assigned rating and asserts that he is entitled to a higher rating. The rating schedule provides three codes for penile impairment. Removal of half or more of the penis is rated as 30 percent disabling, or is to be rated based on voiding dysfunction. 38 C.F.R. § 4.115b, Diagnostic Code 7520. Removal of the glans of the penis is rated as 20 percent disabling, or is to be rated based on voiding dysfunction. 38 C.F.R. § 4.115b, Diagnostic Code 7521. Deformity of the penis with loss of erectile power is rated as 20 percent disabling. 38 C.F.R. § 4.115b, Code 7522. In every instance where the schedule does not provide a zero percent evaluation for a Diagnostic Code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. 38 C.F.R. § 4.31. There is no schedular rating for loss of erectile power alone. Although Diagnostic Code 7522 requires a “deformity” for a compensable rating, VA has not expressly defined this term, but the Court of Appeals for Veterans Claims (Court) has found that the ordinary meaning of this word is appropriate, noting that a “deformity” is a “distortion of any part or general disfigurement of the body.” DORLAND’S ILLUSTRATED MEDICAL DICTIONARY 478 (32d ed. 2012). The Court held that “deformity” under Diagnostic Code 7522 means a distortion of the penis, either internal or external. 38 C.F.R. § 4.115 (b), Diagnostic Code 7522. See Williams v. Wilkie, 2018 U.S. App. Vet. Claims LEXIS 1037. An August 2012 VA treatment record and February 2017 Disability Benefits Questionnaire (DBQ) indicate that there is no penile deformity, and there is no indication in the record that the Veteran has undergone any removal of half or more of his penis or the glans of the penis, or had any deformity of the penis. Furthermore, the Veteran has not reported penile deformity, internal or external, or removal of the penis or glans of the penis, and the Veteran has not described any symptoms that would suggest a penile deformity either internally or externally. Again, although the Veteran has reported use of a penile pump, there is no probative evidence that the pump has resulted in abnormality of the penis; rather, clinical evaluation has been normal. Thus, the claim is denied. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N. Snyder, counsel