Citation Nr: 21010104 Decision Date: 02/24/21 Archive Date: 02/24/21 DOCKET NO. 17-45 825 DATE: February 24, 2021 REMANDED Entitlement to a compensable disability rating for organic impotence (erectile dysfunction) associated with type II diabetes mellitus is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from March 1954 until his honorable discharge in August 1965. Subsequently, the Veteran served in the Maryland Army National Guard from June 1969 until his honorable retirement August 1985. This appeal has been advanced on the Board’s docket pursuant to 38 U.S.C. § 7107(a)(2); 38 C.F.R. § 20.900(c). These matters come before the Board of Veterans’ Appeals (Board) on appeal from a December 2014 rating decision by the Baltimore, Maryland Regional Office (RO) of the United States Department of Veterans Affairs (VA). In an October 2019 decision, the Board denied the Veteran’s claim for entitlement to a compensable disability rating for organic impotence (erectile dysfunction) associated with type II diabetes mellitus. The Veteran subsequently appealed the Board’s decision to the United States Court of Appeals for Veterans Claims (Court). In a September 2020 Joint Motion Partial Remand (Motion), the Court remanded the case to the Board for readjudication and to obtain an adequate VA examination. 1. Entitlement to a compensable disability rating for organic impotence (erectile dysfunction) associated with type II diabetes mellitus is remanded. The September 2018 VA examination is inadequate. The September 2018 VA examiner’s opinion did not account for internal deformity of the penis. The Board notes that the September 2018 VA examiner opined that there was no deformity of, or injury to the Veteran’s penis. However, as noted in the September 2020 Motion, there is no indication whatsoever whether the opinion of no deformity of, or injury to the Veteran’s penis conveys an opinion related to both internal and external deformities, or if the examiner considered an internal deformity of the penis at all. See Williams v. Wilkie, 30 Vet. App. 134, 139 (2018). Where VA provides the veteran with an examination in a service connection claim, the examination must be adequate. Barr v. Nicholson, 21 Vet. App. 303, 311 (2007). In Williams v. Wilkie, the Court held that the definition of “deformity” under Diagnostic Code 7522 means distortion of the penis, either internal or external. 30 Vet. App. 134, 139 (2018). Therefore, remand is required for a new VA examination. The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected organic impotence (erectile dysfunction) associated with type II diabetes mellitus. 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 provide an opinion on the existence of both internal and external deformities, if any. If the Veteran declines a physical examination, it must be noted. M. Tenner Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. Deemer, Associate 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.