Citation Nr: 21015722 Decision Date: 03/18/21 Archive Date: 03/18/21 DOCKET NO. 01-08 157 DATE: March 18, 2021 ORDER Entitlement to special monthly compensation based on the loss of use of a creative organ, claimed as sterility secondary to epididymitis, is granted. Entitlement to service connection for the cause of the Veteran's death has been withdrawn. FINDINGS OF FACT 1. The Veteran’s loss of use of a creative organ, claimed as sterility, is related to service-connected epididymitis. 2. On November 10, 2020, prior to the promulgation of a decision in the appeal, the Board received notification from the appellant, through her authorized representative, that a withdrawal of the appeal for service connection for the cause of the Veteran’s death is requested. CONCLUSIONS OF LAW 1. The criteria for special monthly compensation based on the loss of use of a creative organ, claimed as sterility secondary to epididymitis, have been met. 38 U.S.C. §§ 1114 (k), 1155, 5103A, 5110, 7105; 38 C.F.R. §§ 3.159, 3.350(a). 2. The criteria for withdrawal of service connection for the cause of the Veteran's death by the appellant or her authorized representative have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from December 1952 to December 1954. He died in January 2014. The substituted appellant is his surviving spouse. The appeal for special monthly compensation was remanded by the Board in July 2012, April 2015, and February 2018. All requested development has been completed. 1. Entitlement to special monthly compensation based on the loss of use of a creative organ, claimed as sterility secondary to epididymitis. The Veteran claimed that special monthly compensation for sterility was warranted as it was due to his service-connected epididymitis. Special monthly compensation is provided under 38 U.S.C. § 1114 (k) if a veteran, as a result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs. After review of all the lay and medical evidence of record, the Board finds that an award of special monthly compensation for loss of use of a creative organ is warranted. Service connection was established for chronic epididymitis pursuant to a July 2013 rating decision. The Board remanded the appeal for a VA medical opinion to address the etiology of the Veteran’s loss of use of a creative organ. A May 2016 VA opinion was not responsive to questions asked on remand regarding the etiology of the loss of use of a creative organ and instead addressed service connection for epididymitis, which had already been established. Therefore, the opinion is not probative. An October 2020 VA examiner, a urologist, noted a review of the medical record including a 1994 scrotal ultrasound identifying bilateral epididymitis. He opined that the Veteran’s loss of a creative organ is more likely than not due to chronic epididymitis. He reasoned that the scrotal ultrasound performed in 1994 mentioned bilateral epididymitis which can predispose to sterility. The same examiner opined in a second statement that there was a more than fifty percent probability that sterility was caused or aggravated by the Veteran’s service-connected epididymitis. He reasoned that, generally, a scrotal ultrasound would document function of each testicle. The etiology of sterility in this case would be related to scarring of both epididymis, which would be a sequela of bilateral epididymitis. The October 2020 opinion is probative as it was based on an accurate medical history and included adequate rational. Because the evidence shows the Veteran’s sterility was due to service-connected epididymitis, the criteria for special monthly compensation for loss of use of a creative organ are met. See U.S.C. § 1114(k); 38 C.F.R. § 3.350(a). (Continued on the next page)   2. Entitlement to service connection for the cause of the Veteran's death The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. 38 U.S.C. § 7105. An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. Id. In the present case, the appellant, through her authorized representative, has withdrawn the appeal for service connection for the cause of the Veteran’s death and, hence, there remain no allegations of errors of fact or law for appellate consideration. Accordingly, the Board does not have jurisdiction to review the appeal and it is dismissed. TRACIE N. WESNER Acting Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Christine C. Kung 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.