Citation Nr: 21070108
Decision Date: 11/23/21	Archive Date: 11/23/21

DOCKET NO. 17-44 484
DATE: November 23, 2021

REMANDED

Entitlement to service connection for erectile dysfunction, to include as secondary to service-connected disabilities, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1971 to May 1973.

This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c). 38 U.S.C. § 7107(a)(2).

In a December 2020 decision, the Board denied the claim. The Veteran subsequently appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In a July 2021 order, the Court granted a Joint Motion for Remand (JMR), which vacated the Board's decision and remanded the Veteran's appeal to the Board for action consistent with the terms of the JMR.

Entitlement to service connection for erectile dysfunction (ED), to include as secondary to service-connected disabilities.

The Veteran contends that his ED is causally related to his service, to include as due to his service-connected disabilities. The claim is remanded to obtain a medical opinion. The parties to the JMR agreed that the VA opinions of record failed to consider whether the Veteran's service-connected disabilities caused or aggravated his obesity, and if so, whether the obesity caused or aggravated his ED; whether there is a connection between obesity and the disability for which secondary service connection is sought. See Walsh v. Wilkie, 32 Vet. App. 300 (2020). An October 2020 VA examiner noted that the Veteran's ED can be caused by something physical, including "obesity.". 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate VA examiner regarding the etiology of the Veteran's ED. If the examiner determines that an opinion cannot be provided without an examination (or telehealth interview, review of the record, etc., if an in-person examination is not feasible) then one should be scheduled. Copies of all pertinent records must be made available to the examiner.

After reviewing the record, the examiner is asked to answer the following question:

(a)	Is it at least as likely as not (50 percent probability) that the Veteran's service-connected disabilities caused or aggravated his obesity?

(b)	If (a) is answered yes, is it at least as likely as not (probability of at least 50 percent) that the Veteran's obesity was a substantial factor in causing or aggravating his ED?

(c)	If the answer to (b) yes, is it at least as likely as not (50 percent probability) that the Veteran's ED would not have occurred but for his obesity?

Aggravation here means any increase in disability. 

The examiner should provide a complete rationale for all opinions. If the examiner cannot provide an opinion without resort to speculation, the examiner should provide an explanation as to why this is so and note what, if any, additional evidence would permit such an opinion to be made.

2. Confirm that the VA medical opinion provided comports with this remand, specifically that the standard for the secondary aggravation opinion is any increase in disability, not the standard of beyond the natural progression as noted on the examination form itself. If not, get an addendum.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. E. Bresler

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.