Citation Nr: 21066100
Decision Date: 10/28/21	Archive Date: 10/28/21

DOCKET NO. 15-37 815
DATE: October 28, 2021

REMANDED

Entitlement to a rating in excess of 20 percent for Peyronie's disease with erectile dysfunction due is remanded.

REASONS FOR REMAND

In support of his claim for a higher rating, the Veteran has claimed numerous manifestations of his Peyronie's disease, and in August 2021, the Board remanded this issue to determine whether the claimed symptoms were manifestations of the service-connected disability.

In compliance with the Board remand, in a September 2021 VA examination report, a VA examiner responded to the Board's inquiries by indicating that the Veteran reported "very painful symptoms due to Peyronie's disease; experiences difficulty during sexual intercourse; unable to get a full erection due to pain and discomfort." 

The examiner explained that the Veteran's headaches and neurologic symptoms were not associated with Peyronie's disease.  In addition, the examiner indicated that abrasions and scars were unlikely to be due to Peyronie's itself, but that pain with intercourse "may well be due to Peyronie's disease."

In October 2021 written argument, the Veteran's representative, the Disabled American Veterans, essentially maintained that this case warrants referral to the Direction, Compensation Service, for extraschedular consideration; the Board agrees.  The Rating Schedule does not include a specific diagnostic code for Peyronie's disease and, thus, rating by analogy is required.  Throughout the pendency of this appeal, the 20 percent rating for the Veteran's Peyronie's disease has been assigned pursuant to 38 C.F.R. § 4.115B, Diagnostic Code 7522.  The rating criteria for the maximum 20 percent are as follows:  penis deformity with loss of erectile power; the criteria does not contemplate pain during intercourse.

Here, as the Veteran has reported that he experiences pain, especially during intercourse and the examiner has opined that the pain may well be due to Peyronie's disease.  Additionally, an April 2021 VA examination revealed the presence of firm tissue, tubular in shape in several locations on the Veteran's penis, among other symptoms.

The Board finds that Diagnostic Code 7522 does not adequately contemplate the symptoms associated with the Veteran's Peyronie's disease and, thus, a remand is for extraschedular consideration is warranted.

The matters are REMANDED for the following action:

Refer the Veteran's claim of entitlement to an increased rating for Peyronie's disease for extraschedular consideration.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Sean G. Pflugner, 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.