Citation Nr: 21005301 Decision Date: 02/01/21 Archive Date: 02/01/21 DOCKET NO. 10-12 244 DATE: February 1, 2021 REMANDED Entitlement to service connection for a testicular disability, to include epididymitis and erectile dysfunction, is remanded. Entitlement to a rating in excess of 10 percent for tinnitus, to include on an extraschedular basis, is remanded. Entitlement to a total rating based on individual unemployability due to service-connected disability (TDIU) is remanded. INTRODUCTION The Veteran served on active duty from July 1990 to October 1993 and from February 2004 to December 2004, with additional service in the Army National Guard. These matters come before the Board of Veterans’ Appeals (Board) on appeal from a January 2009 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. In April 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge. In October 2018, the Board remanded this case for additional development. In October 2018, the Board also remanded claims of service connection for right elbow disability and right thigh disability. While in remand status, the RO issued an August 2020 rating decision wherein service connection was granted for both. As the benefit sought on appeal has been granted, further appellate review is moot. REASONS FOR REMAND As stated above, the Board remanded the Veteran service connection for a testicular disability in October 2018. Pursuant to this remand, the Veteran underwent a VA examination in March 2020. In the remand, the Board directed the examiner’s attention to a prior diagnosis of epididymitis, as documented in a March 2009 VA primary care note. The Board requested that the examiner provide an etiological opinion with respect to epididymitis even if this disability was no longer present, as well as any other found testicular disability. The March 2020 VA examiner appeared to indicate that the Board’s October 2018 remand was unavailable for review. Further, the only anatomically relevant diagnosis found by the examiner was erectile dysfunction. The examiner did not render the requested etiological opinion with respect to epididymitis and provided a circular etiological opinion regarding erectile dysfunction (i.e., that erectile dysfunction is related to the diagnosis listed in section one of the examination report; section included only a diagnosis of erectile dysfunction). With respect to tinnitus, in the October 2018 remand, the Board highlighted previous symptoms that the Veteran associated with his service-connected tinnitus (i.e., dizziness, lightheadedness, imbalance, vision disturbances, and nausea, among others). The Board requested that the Veteran be provided a VA examination, in essence, to ascertain whether the claimed manifestations were aspect of his tinnitus. In August 2020, the Veteran underwent the requested examination. The examiner did not reference or discuss the reported symptoms. This is significant because in Morgan v. Wilkie, 31 Vet. App. 162 (2019), the Court held, “VA has powerful, ready-made schedular rating tools with which it can better adjudicate claims that include symptoms and effects not contemplated by an applicable diagnostic code.” Morgan, 31 Vet. App. at 167; see also Long v. Wilkie, No. 16-1537 (en banc) (U.S. Vet. App. Dec. 30, 2020). Pursuant to Morgan and Long, the Board finds that it is essential to the rate, on a schedular basis, all of the manifestations of the Veteran’s service-connected tinnitus. Based on the above, the Board finds that the March and August 2020 VA examinations are insufficient for adjudication purposes. As such, a remand is required in order to provide the Veteran with additional VA examinations. The issue of entitlement to TDIU is inextricably intertwined with the issues remanded herein. Consequently, a remand for contemporaneous consideration is warranted. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to address his testicular disability. All appropriate testing should be conducted, and all findings reported in detail. The examiner is asked to respond to the following: (a) Identify all testicular disabilities present OR that were present during the pendency of this appeal (since May 2008). The examiner is advised, regardless of the whether epididymitis is found during the examination, the Board has already determined that it was present during the appeals period. (b) For every testicular disability present on examination and every testicular disability present since May 2008 (even if it has since resolved), opine as to whether it is at least as likely as not that each such disability was incurred in or due to the Veteran’s active duty. This opinion must consider, but not necessarily be limited to, epididymitis and erectile dysfunction. A full explanation must be provided to support all rendered opinions. 2. Schedule the Veteran for a VA examination to ascertain the severity of his tinnitus. All appropriate testing should be conducted, and all findings reported in detail. The examiner is specifically requested to consider and discuss the symptoms described in the October 2018 remand, the October 2009 VA audiology request for neurological consultation, and the August 2009 VA audiology note, as well as the Veteran’s reported symptoms. The examiner must specifically identify all manifestations of the Veteran’s tinnitus. In doing so, the examiner must opine as to whether it is at least as likely as not that any such manifestation or impairment, to include dizziness, lightheadedness, imbalance, vision disturbances, and nausea, is due to the Veteran’s tinnitus. 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.