Citation Nr: 21007725
Decision Date: 02/10/21	Archive Date: 02/10/21

DOCKET NO. 17-24 249
DATE: February 10, 2021

REMANDED

Entitlement to an initial compensable rating for erectile dysfunction is remanded. 

REASONS FOR REMAND

The Veteran served on active duty from April 1968 to April 1970.

This case comes before the Board of Veterans’ Appeals (Board) on appeal of an August 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The issue on appeal was previously denied by the Board in October 2019. The Veteran appealed the decision to the United States Court of Appeals for Veterans Claims (Court). In a September 2020 Order, pursuant to an August 2020 Joint Motion for Remand (JMR), the Court vacated the Board’s October 2019 decision and remanded the claim for action consistent with the terms of the JMR. The case is now before the Board.  

The Board finds that a remand is necessary to properly adjudicate the appeal. A showing of deformity, with loss of erectile power, is required for entitlement to a 20 percent rating under 38 C.F.R. § 4.115B, Diagnostic Code 7522. Although a "deformity" is required for a compensable rating, VA has not defined the term in the rating criteria. The Court addressed this in Williams v. Wilkie, 30 Vet. App. 134 (2018). The Court held that a "deformity" under Diagnostic Code 7522 means either an internal or external distortion of the penis. Id. at 138. The record reveals the Veteran has a urethral stricture. However, the Veteran has not been afforded a VA examination for his erectile dysfunction. Thus, a remand for a VA examination is required to determine the severity of the Veteran’s erectile dysfunction and whether the Veteran shows a penile deformity for rating purposes. 

The matter is REMANDED for the following action:

After completing any needed preliminary development, refer the case to for a VA genitourinary examination to identify the current level of impairment resulting from the Veteran’s service-connected erectile dysfunction. The examiner should note the presence or absence of deformity of the penis. The entire claim file should be reviewed, including the Veteran's arguments that his urethral stricture resulted in a deformity with loss of erectile power. A rationale must accompany all opinions expressed. Any and all studies, tests, and evaluations that are deemed necessary should be performed. The claims folder, including a copy of the October 2019 Board decision, the JMR, and this remand, should be reviewed by the examiner.  

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Hetman

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.