Citation Nr: 20022458 Decision Date: 03/31/20 Archive Date: 03/31/20 DOCKET NO. 17-47 961 DATE: March 31, 2020 ORDER A compensable rating for erectile dysfunction is denied. FINDING OF FACT The Veteran’s erectile dysfunction is manifested by loss of erectile power without penis deformity. CONCLUSION OF LAW The criteria for a compensable evaluation for erectile dysfunction have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § § 4.31, 4.115b, Diagnostic Code 7522. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from December 1970 to April 1974. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). On his September 2017 VA Form 9, the Veteran requested a Board videoconference hearing before a Veterans Law Judge at the Agency of Original Jurisdiction (AOJ). In a correspondence received in December 2019, the Veteran indicated that he wanted his request for a Board hearing to be cancelled. Thus, the Board finds his request for a hearing to be withdrawn. 38 C.F.R. § 20.704 (c). 1. Entitlement to a compensable rating for erectile dysfunction The Veteran claims a compensable rating for erectile dysfunction. Here, we note that special monthly compensation has been granted for loss of use of a creative organ. The issue before the Board is whether there is any basis to assign a compensable evaluation under the schedule for rating disabilities. Disability ratings are determined by applying the criteria set forth in the VA’s Schedule for Rating Disabilities, which is based on the average impairment of earning capacity resulting from disability. Separate diagnostic codes (DCs) identify the various disabilities. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. In an August 2016 rating decision, the Veteran was granted service connection for erectile dysfunction and a noncompensable rating was assigned pursuant to 38 C.F.R. § 4.115b, Diagnostic Codes 7599-7522. The Veteran was also granted special monthly compensation under 38 U.S.C. § 1114(k) and 38 C.F.R. § 3.350(a) due to loss of use of a creative organ. There is no diagnostic code which deals with erectile dysfunction exclusively. When a Veteran is diagnosed with an unlisted disease, the condition must be rated under an analogous diagnostic code. See 38 C.F.R. § § 4.20; 4.27. Here, the Veteran's erectile dysfunction has been rated by analogy under Diagnostic Code 7522, which governs genitourinary disability evaluated by penis deformity with loss of erectile power. See 38 C.F.R. § 4.115b, DC 7522. Under Diagnostic Code 7522, a 20 percent rating is assigned for deformity of the penis with loss of erectile power. No other disability rating is provided. See 38 C.F.R. § 4.115b, Diagnostic Code 7522. In every instance where the minimum schedular evaluation requires residuals and the schedule does not provide for a zero percent rating, a zero percent rating will be assigned when the required symptomatology is not shown. 38 C.F.R. § 4.31. For a compensable rating to be assigned under Diagnostic Code 7522, deformity of the penis must be demonstrated. Pertinently, during an August 2016 VA reproductive organ disability benefits questionnaire examination, the examiner indicated a normal physical examination with no penis deformity or abnormalities noted. There are no medical findings of record contrary to the August 2016 examination report with respect to whether the Veteran has a penile deformity. Ongoing post-service treatment records reflect erectile dysfunction without any evidence or report of symptoms beyond the inability to maintain an erection. The evidence does not show, and the Veteran does not otherwise assert, that he experiences penile deformity. Here, he has been awarded special monthly compensation. Based upon the evidence, there is no basis to assign a compensable evaluation, in addition to the special monthly compensation. For the reasons stated above, the preponderance of the evidence is against a compensable rating for the Veteran's erectile dysfunction. Thus, the benefit-of-the doubt doctrine does not apply, and the claim must be denied. 38 U.S.C. § 5107(b); 38 C.F.R. §§ 3.102, 4.3. A compensable rating for the Veteran's erectile dysfunction is denied. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Morse 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.