Citation Nr: 21021003
Decision Date: 04/09/21	Archive Date: 04/09/21

DOCKET NO. 15-21 295
DATE: April 9, 2021

REMANDED

Entitlement to service connection for male infertility is remanded.

REASONS FOR REMAND

The Veteran served in the United States Marine Corps from August 2005 to July 2009 and is a Veteran of the Gulf War Era.  

This case returns to the Board of Veterans’ Appeals (Board) after April 2019 and December 2020 Board Remands in the appeal of a December 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

In September 2018 the Veteran testified before the undersigned Veterans Law Judge (VLJ) at a videoconference hearing, and a transcript of that hearing is attached to the Veteran’s file.

Male infertility

The Veteran seeks entitlement to service connection for a male infertility. The Veteran was provided a VA addendum opinion as to his male infertility in January 2021. VA has a duty to ensure that any medical examination or opinion it provides is adequate. Barr v. Nicholson, 21 Vet. App. 303, 312 (2007). A medical opinion is adequate where it is based upon consideration of the full medical history and describes a disability in sufficient detail so that the Board’s evaluation will be fully informed. Stefl v. Nicholson, 21 Vet. App. 120, 123 (2007).

The January 2021 VA examiner was asked to determine whether the Veteran’s male infertility was secondary to his service-connected disabilities, to include his acquired psychiatric disability and the medications taken for mental health and pain management. While the January 2021 examiner provided a secondary service connection that addressed direct causation, the examiner failed to provide an opinion regarding any possible aggravation, which is required when entitlement on secondary basis is considered. See El-Amin v. Shinseki, 26 Vet. App. 136, 140-41 (2013) (held that an opinion will be considered inadequate unless it addresses both the caused by AND aggravation avenues for secondary service-connection).

The matters are REMANDED for the following action:

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1. Obtain an addendum opinion regarding the nature and etiology of the Veteran’s male infertility. The examiner is asked to respond to the following:

(a.) Provide an opinion whether it is at least as likely as not (50 percent or greater probability) that the Veteran’s male infertility was caused by OR aggravated by his service-connected disabilities, to include his acquired psychiatric disability and the medications taken for mental health and pain management, as well his mental state in general, low libido and testosterone.

 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. St. Laurent, 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.