Citation Nr: 20004067
Decision Date: 01/16/20	Archive Date: 01/16/20

DOCKET NO. 16-35 863
DATE:  January 16, 2020

REMANDED

Entitlement to service connection for erectile dysfunction (ED), to include as secondary to service-connected major depression is remanded.

REASONS FOR REMAND

The Veteran had active military service from September 1971 to August 1973.

This matter initially came before the Board of Veterans’ Appeals (Board) from a July 2014 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

This case was previously before the Board. In an October 2018 decision, the Board denied the Veteran’s claim for entitlement to service connection for ED. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In a July 2019 Order, the Court granted a Joint Motion of the parties and remanded the issue identified above for action consistent with the Joint Motion. 

Service Connection – ED

In the July 2019 Joint Motion, it was noted that the Board relied on an inadequate medical opinion when denying the Veteran’s claim of entitlement to service connection for ED, and determined that the case should be remanded for the Board to satisfy their duty to assist the Veteran.

Therefore, the Board finds that the Veteran should be afforded a new VA examination to determine the nature and etiology of his ED. 

The matters are REMANDED for the following action:

1. Identify and obtain any outstanding, pertinent VA and private treatment records and associate them with the claims file.

2. Then, schedule the Veteran for a VA examination by an examiner with appropriate expertise to determine the nature and etiology of any currently present ED. The claims file must be made available to and reviewed by the examiner. Any indicated studies must be performed.

Based on the examination results 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’s ED was caused or aggravated by a service-connected disability, to include any medication prescribed for treatment of such disabilities. 

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 issue 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	C. Ivan Franklin

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.