Citation Nr: 21005059 Decision Date: 01/28/21 Archive Date: 01/28/21 DOCKET NO. 11-16 125 DATE: January 28, 2021 ORDER A 40 percent rating for prostatitis with sexual dysfunction prior to August 7, 2020, is granted. Entitlement to a total rating for compensation purposes based on individual unemployability due to service connected disabilities (TDIU) is denied. FINDINGS OF FACT 1. Prior to August 7, 2020, the service connected prostate disability was shown to be predominately manifested by voiding dysfunction due to urinary frequency of voiding three times a day at intervals of 4 hours and waking to void six times a night. 2. A 100 percent schedular rating for major depressive disorder and special monthly compensation at the housebound rate under 38 U.S.C. § 1114(s) and 38 C.F.R. § 3.350(i) were effectuated as of April 16, 2009, the date of the initial grant of service connection for the service connected disabilities. CONCLUSIONS OF LAW 1. The criteria for a 40 percent rating for prostatitis with sexual dysfunction prior to August 7, 2020, have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.115a, 4.115b, Diagnostic Code 7527. 2. The criteria for a TDIU are not met. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.340, 3.341, 4.16. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from April 1977 to December 1983. Prostatitis with Sexual Dysfunction Disability evaluations are determined by comparing the Veteran’s current symptomatology with the criteria set forth in the Schedule for Rating Disabilities. 38 U.S.C. § 1155; 38 C.F.R. Part 4. Prostate gland injuries, infections, hypertrophy, and post operative residuals are evaluated under the diagnostic criteria for either voiding dysfunction or urinary tract infections dependent upon which symptomatology is predominant. 38 C.F.R. § 4.115b, Diagnostic Code 7527. Diseases of the genitourinary system generally result in disabilities related to renal or voiding dysfunction, infections, or a combination of these symptomatologies. Where the applicable diagnostic codes refer the decision-maker to these specific areas of dysfunction, only the predominant area of dysfunction shall be considered for rating purposes. Since the areas of dysfunction described below do not cover all symptoms resulting from genitourinary diseases, specific diagnoses may include a description of symptoms assigned to that diagnosis. 38 C.F.R. § 4.115a. Voiding dysfunction is evaluated as either urine leakage, frequency, or obstructed voiding. Continual urine leakage, post surgical urinary diversion, urinary incontinence, or stress incontinence requiring the wearing of absorbent materials which must be changed less than two times per day warrants a 20 percent rating. A 40 percent rating requires the wearing of absorbent materials which must be changed two to four times per day. A 60 percent rating requires the use of an appliance or the wearing of absorbent materials which must be changed more than four times per day. Urinary frequency manifested by daytime voiding at intervals of between two and three hours or awakening to void twice per night warrants a 10 percent evaluation. A 20 percent rating requires daytime voiding at intervals of between one and two hours or awakening to void three to four times per night. A 40 percent rating requires daytime voiding at intervals of less than one hour or awakening to void five or more times per night. Obstructed voiding manifested by obstructive symptomatology with or without stricture disease requiring dilatation one to two times per year warrants a noncompensable rating. A 10 percent rating requires marked obstructive symptomatology (hesitancy, slow or weak stream, and decreased force of stream) with any one or combination of the following: (1) post void residuals greater than 150 cc; (2) uroflowmetric findings of markedly diminished peak flow rate (less than 10 cc/sec); (3) recurrent urinary tract infections secondary to obstruction; and (4) stricture disease requiring periodic dilatation every two to three months. A 30 percent rating requires urinary retention necessitating intermittent or continuous catheterization. Urinary tract infections necessitating long term drug therapy, one to two hospitalizations per year, and/or intermittent intensive management warrant a 10 percent evaluation. A 30 percent rating requires recurrent symptomatic infection rating drainage/frequent hospitalization (greater than twice a year), and/or requiring continuous intensive management. 38 C.F.R. § 4.115a. The report of a July 2010 examination conducted for the Department of Veterans Affairs (VA) states that the Veteran reported urinating three times a day at four hour intervals and waking to void six times a night; having a weak and hesitant urine stream; and no urinary incontinence. The report of an October 2016 urological examination conducted for VA, the Veteran declined a prostate examination. Absent such an evaluation, the Board finds that the examination report is of essentially no probative value. Prior to August 7, 2020, the service connected prostate disability was predominately manifested by voiding dysfunction due to urinary frequency. The Veteran was reported to urinate three times a day at intervals of 4 hours and waking to void six times a night. Such findings merits assignment of a 40 percent rating under 38 C.F.R. §§ 4.115a, 4.115b, Diagnostic Code 7527. In the absence of evidence of urinary leakage, the Board concludes that a 40 percent rating and no higher is warranted for the service connected prostate disability prior to August 7, 2020. TDIU A TDIU may be assigned where the combined schedular rating for the service connected disabilities is less than 100 percent when it is found that the service connected disabilities are sufficient to make a veteran unemployable without regard to either advancing age or the presence of any nonservice connected disabilities. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.340, 3.341, 4.16(a). Assignment of a 100 percent schedular rating does not automatically render a TDIU claim moot. Bradley v. Peake, 22 Vet. App. 280 (2008) (holding that there could be a situation where a veteran has a schedular total rating for a particular service-connected disability, and could establish a TDIU rating for another service connected disability in order to qualify for special monthly compensation under 38 U.S.C. § 1114(s)). (Continued on the next page)   A 100 percent schedular rating for major depressive disorder and special monthly compensation at the housebound rate under 38 U.S.C. § 1114(s) and 38 C.F.R. § 3.350(i) were effectuated as of April 16, 2009, the date of the initial grant of service connection for the service connected disabilities. Therefore, the Board finds that the issue of TDIU is moot and must be denied. J. T. HUTCHESON Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Joseph T. Leonard, Law Clerk 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.