Citation Nr: 21076677 Decision Date: 12/27/21 Archive Date: 12/27/21 DOCKET NO. 15-05 285 DATE: December 27, 2021 REMANDED Entitlement to an effective date earlier than January 20, 2015 for the grant of service connection for erectile dysfunction (ED) is remanded. Entitlement to an effective date earlier than January 20, 2015 for the grant of special monthly compensation (SMC) based on loss of use of a creative organ is remanded. Entitlement to an increased disability rating for posttraumatic stress disorder (PTSD) greater than 30 percent prior to March 4, 2019, and greater than 50 percent from that date, is remanded. REASONS FOR REMAND The Veteran had active service from July 1967 to July 1971. In October 2020, the Board of Veterans' Appeals (Board) denied entitlement to an effective date prior to January 20, 2015 for the grant of service connection for ED, denied entitlement to an effective date prior to January 20, 2015 for the grant of SMC based on loss of use of a creative organ, and denied rating higher than 30 percent for PTSD for the appeal period prior to March 4, 2019, and higher than 50 percent thereafter. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In an August 2021 Joint Motion for Partial Remand (JMPR), the parties (the Veteran and the Secretary of VA) requested that the Board decision be vacated only as to the issues of entitlement to an effective date prior to January 20, 2015 for the grant of service connection for ED and for the grant of SMC based on loss of use of a creative organ, and entitlement to an increased rating for PTSD greater than 30 percent prior to March 4, 2019 and greater than 50 percent thereafter. In an August 2021 order, the Court granted the JMPR and remanded the claims for action consistent with the terms of the JMPR. 1. Earlier effective date prior to January 20, 2015 for service connection for ED is remanded. 2. Earlier effective date prior to January 20, 2015 for SMC based on loss of use of a creative organ is remanded. In the August 2021 JMPR, the parties agreed that the issue of entitlement to an effective date earlier than January 20, 2015 for the grant of service connection for ED must be remanded because the March 2020 VA medical opinion addressing the etiology of his ED is inadequate. The parties noted that in June 2011, the Veteran claimed that his ED was possibly secondary to PTSD or his service-connected heart condition. However, the March 2020 VA medical opinion did not address the contention that the Veteran's ED is secondary to service-connected heart condition. Accordingly, the parties agreed that a remand to obtain a new or addendum opinion that addresses whether his ED is secondary to his service-connected heart disease is warranted. In light of the above, the issue of entitlement to an earlier effective date prior to January 20, 2015 for the grant of service connection for ED is remanded for an addendum medical opinion that addresses whether the Veteran's ED is secondary to his service-connected heart disease. Finally, as noted in the JMPR, because a decision on the remanded issue of entitlement to an earlier effective date prior to January 20, 2015 for the grant of service connection for ED could significantly impact a decision on the issue of entitlement to an effective date earlier than January 20, 2015 for the grant of SMC based on loss of use of a creative organ, the issues are inextricably intertwined. Thus, a remand of the claim for entitlement to an effective date earlier than January 20, 2015 for the grant of SMC based on loss of use of a creative organ is required. 3. Increased rating for PTSD greater than 30 percent prior to March 4, 2019, and greater than 50 percent after is remanded. In the August 2021 JMPR, the parties agreed that the issue of entitlement to an increased disability rating for PTSD greater than 30 percent prior to March 4, 2019, must be remanded because the Board erred when it failed to address relevant evidence, specifically treatment records dated March 2013 and April 2013, in which the Veteran reported suicidal ideation. The parties agreed that the issue of entitlement to an increased disability rating for PTSD greater than 50 percent from March 4, 2019, must be remanded because the Board erred when it failed to address the Veteran's argument that the March 2019 VA PTSD examination was inadequate. It was noted that in March 2019, the Veteran reported that the doctor who conducted the examination showed up to the exam an hour and half late and spent only 12 minutes with him. In light of the above, the Board finds that the Veteran should be provided an opportunity to report for a VA examination to ascertain the current severity and manifestations of service-connected PTSD. The matters are REMANDED for the following action: 1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's ED is (a) at least as likely as not proximately due to service-connected atherosclerotic heart disease and (b) aggravated beyond its natural progression by service-connected atherosclerotic heart disease. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected PTSD. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. The examiner must attempt to elicit information regarding the severity, frequency, and duration of symptoms. To the extent possible, the examiner should identify any symptoms and social and occupational impairment due to PTSD alone. Sarone Solomon Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board C. L. Wasser, 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.