Citation Nr: 21063591
Decision Date: 10/14/21	Archive Date: 10/14/21

DOCKET NO. 15-15 167
DATE: October 14, 2021

REMANDED

A compensable rating for erectile dysfunction (ED) is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1965 to December 1969.

The Board of Veterans' Appeals (Board or BVA) originally remanded the Veteran's case in January 2019 to conduct a VA examination and obtain a medical nexus opinion. In October 2019, the Veteran underwent a VA examination, but did not allow the VA examiner to conduct a physical examination. The Veteran acknowledged that due to the nature of his disability, he withheld from direct physical examination, but would allow for such examination if a new VA examination were scheduled. 

In May 2020, the Board again remanded the Veteran's appeal so that a VA examination could be conducted, and a medical nexus opinion obtained. Although the examiner provided a medical nexus opinion, the examination was conducted via telephone. As such, the examiner was unable to complete a physical examination of the Veteran (as directed by the May 2020 remand). The medical nexus opinion provided also did not adequately address whether there was internal or external deformity of the penis (as directed in the January 2019 and May 2020 remands). 

A recent decision by the United States Court of Appeals for Veterans Claims (Court) clarified that deformity of the penis in Diagnostic Code 7522 means "a distortion of the penis, either internal or external."  Williams v. Wilkie, 30 Vet. App. 134 (2018). Neither previous VA examination adequately addressed this. Accordingly, remand is required to ensure compliance with the Board's previous directives. Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matter is REMANDED for the following action:

1. Schedule the Veteran for an in-person VA examination. After physically examining the Veteran, the VA examiner must state whether the Veteran's erectile dysfunction, which is associated with his prostate cancer, has been manifested by either an internal or external deformity. The examiner is advised that the term "deformity" is defined as a distortion of any part or general disfigurement of the body.

 

 

J. M. Kirby

Veterans Law Judge

Board of Veterans' Appeals

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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.