Citation Nr: 21002705
Decision Date: 01/14/21	Archive Date: 01/14/21

DOCKET NO. 14-15 397A
DATE: January 14, 2021

ORDER

Entitlement to special monthly compensation based on loss of use of a creative organ is denied.

FINDING OF FACT

The Veteran is not in receipt of service connection for a disability involving a creative organ.

CONCLUSION OF LAW

The criteria for special monthly compensation based on loss of use of a creative organ are not met.  38 U.S.C. §§ 111 (k), 5107; 38 C.F.R. §§ 3.102, 3.350(a).

REASONS AND BASES FOR FINDING AND CONCLUSION

The appellant is a Veteran who served on active duty from July 1967 to July 1969.  This matter is before the Board of Veterans’ Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In December 2019, the Board found the issue of SMC had been inferred by the record based on medical evidence showing the Veteran discussed issues related to creative organs and other facets of his genitourinary disability, and remanded the issue for development.  In August 2020, the Board remanded the issue after finding the issue remanded was not adjudicated by the RO.  

Entitlement to special monthly compensation (SMC) based on loss of use of a creative organ 

Governing law provides for Special Monthly Compensation if a Veteran, as a result of a service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs.  38 U.S.C. § 1114(k); 38 C.F.R. § 3.350(a).

As service connection has not been awarded for a disability of any creative organ, the claim for Special Monthly Compensation based on loss of use of creative organ is without legal merit and must be denied.  As the disposition of this claim is based on the law, and not the facts of the case, the claim must be denied based on a lack of entitlement under the law.  Sabonis v. Brown, 6 Vet. App. 426 (1994).

If the Veteran wishes to file a claim for service connection for a disability of a creative organ, he is invited to do so on the form prescribed by VA at his Regional Office.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	E. Skiouris, Counsel

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.