Citation Nr: 21004634 Decision Date: 01/27/21 Archive Date: 01/27/21 DOCKET NO. 17-15 745 DATE: January 27, 2021 ORDER Entitlement to an initial compensable rating for erectile dysfunction is denied. REMANDED Entitlement to an initial rating, in excess of 50 percent, for bipolar disorder, with anxiety disorder and depressed mood is remanded. FINDING OF FACT The Veteran's service-connected erectile dysfunction is not manifested by deformity. CONCLUSION OF LAW The criteria for an initial compensable rating for erectile dysfunction have not been met. 38 U.S.C. §§ 1155, 5107 (West 2012); 38 C.F.R. § 4.1, 4.3, 4.7, 4.20, 4.115b, Diagnostic Code (Code) 7522 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1963 to January 1964, with additional service from January 1965 to May 1969. The Veteran testified as to all of the issues on appeal at a hearing before the undersigned in October 2019 and a transcript of the hearing is associated with the record. Entitlement to an initial compensable rating for erectile dysfunction The Veteran contends that he is entitled to a compensable rating for his service-connected erectile dysfunction. However, the Board concludes that a compensable rating for erectile dysfunction is not warranted. Disability ratings are determined by comparing the Veteran's symptoms with criteria listed in VA's Schedule for Rating Disabilities, which is based, as far as practically can be determined, on average impairment in earning capacity. Separate Codes identify the various disabilities. 38 C.F.R. Part 4. When rating a service-connected disability, the entire history must be borne in mind. Schafrath v. Derwinski, 1 Vet. App. 589 (1991). Erectile dysfunction is not listed in the Rating Schedule; however, when an unlisted condition is encountered, it is permissible to rate under a closely related disease or injury in which not only the functions affected, but the anatomical localization and symptomatology are closely analogous. 38 C.F.R. § 4.20. The Agency of Original Jurisdiction (AOJ) has evaluated the service-connected erectile dysfunction as noncompensable (0 percent) pursuant to 38 C.F.R. § 4.115b, Code 7522, for deformity of the penis with loss of erectile power, and it is the closest analogous code. The Board does not find that other diagnostic codes would be more appropriate in rating the Veteran's erectile dysfunction because the evidence does not reflect that the Veteran has had removal of half or more of his penis, or that glans have been removed, such that would warrant consideration under Codes 7520 or 7521, respectively. Under Code 7522, a 20 percent rating is warranted for physical deformity of the penis with loss of erectile power is required. 38 C.F.R. § 4.115b. On July 2014 VA examination, a physical examination of the Veteran's genitals was not performed at the Veteran's request. The VA treatment records reported the Veteran as having normal anatomy with no penile deformity or abnormality. The Veteran also did not report having a penile deformity or abnormality at any point during the period on appeal. Ultimately, the evidence of record does not otherwise show that the Veteran's service-connected erectile dysfunction was manifested by deformity. The Board recognizes that the Veteran reported throughout the period on appeal that he has impotence and loss of function in relation to his service-connected erectile dysfunction, however such symptoms are insufficient for a compensable rating under Code 7522 criteria. Considering the evidence in light of the foregoing criteria, the Board finds that the preponderance of the evidence weighs against a finding that the Veteran's penis is deformed to warrant a compensable rating at any point during the appeal period. Accordingly, the Board finds that the Veteran is not entitled to a compensable rating for his erectile dysfunction. REASONS FOR REMAND Entitlement to an initial rating, in excess of 50 percent, for bipolar disorder, with anxiety disorder and depressed mood is remanded. In the October 2019 Board Hearing, the Veteran testified that he sees doctor for counseling once a quarter and a social worker, once a month. However, the Veteran’s complete treatment records have not been associated with the record. The claim must be remanded for to obtain complete records and to afford the Veteran a current examination. The matters are REMANDED for the following action: 1. Contact the Veteran, and, with the Veteran’s assistance identify and obtain copies of any pertinent medical or VA treatment records and add them to the claims file. This specifically includes the medical records of his treating doctor and his social worker; and any other private facility in which the Veteran may have obtained mental health counseling or treatment. If the VA attempts to obtain any outstanding records which are unavailable, the Veteran should be notified. 2. After completion of the above, schedule the Veteran for an examination (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) with an appropriate clinician to determine the current severity of his service-connected psychiatric disability. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria. In this regard, the examiner must complete the corresponding VA disability benefits questionnaire (DBQ). M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S.E. Bresler, Associate 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.