Citation Nr: 21063156
Decision Date: 10/13/21	Archive Date: 10/13/21

DOCKET NO. 17-32 790
DATE: October 13, 2021

REMANDED

Entitlement to an initial compensable rating for erectile dysfunction is remanded.

REASONS FOR REMAND

The Veteran served on active duty from October 1968 to April 1972. This matter comes before the Board of Veterans' Appeals (Board) from a September 2007 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO).

In a September 2019 decision, the Board denied the issue on appeal. The Veteran appealed the September 2019 Board decision to the United States Court of Appeals for Veterans Claims (the Court.) In a March 2021 memorandum decision, the Court vacated and remanded the appeal. 

Entitlement to an initial compensable rating for erectile dysfunction is remanded.

In the March 2021 memorandum decision, the Court found the Board failed to provide adequate reasons or bases for ensuring compliance with VA's duty to assist because it did not discuss whether VA satisfied its duty to assist in obtaining private treatment records identified by the Veteran. The record reflects the Veteran reported treatment for erectile dysfunction since 2006, and an examination for 'severe curvature of' his penis in 2008, by his private physician, M.J., M.D. at the Toledo Clinic. However, the previously obtained VA Form 21-4142 notes treatment from October 2015. Thus, while the record reflects October 2015, October 2018, November 2018, June 2019, and July 2019 treatment records from the Toledo Clinic, it is unclear whether attempts to obtain the identified earlier private treatment records have been made. Additionally, the previously obtained VA Form 21-4142 reflects the Veteran may have spelled his physician's name incorrectly, which may have also affected the retrieval of his private treatment records. A remand is required to allow VA to obtain authorization and request these records.

The matters are REMANDED for the following action:

Ask the Veteran to complete a VA Form 21-4142 for any and all records from M.J., M.D. and/or the Toledo Clinic.  Make two requests for the authorized records from M.J., M.D. and/or the Toledo Clinic, unless it is clear after the first request that a second request would be futile. The request should indicate that any and all records pertaining to the Veteran are requested.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M.Aoughsten, 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.