Citation Nr: 21023879 Decision Date: 04/21/21 Archive Date: 04/21/21 DOCKET NO. 15-06 764A DATE: April 21, 2021 REMANDED Entitlement to a compensable rating for left varicocele is remanded. REASONS FOR REMAND The Veteran served on active duty from July 1989 to July 1993. This matter is before the Board of Veterans’ Appeals (Board) on appeal from an April 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In a June 2018 decision, the Board, in part, denied the Veteran’s claim for a compensable rating for his left varicocele and granted a 10 percent rating for his left inguinal hernia scar from December 29, 2014, to April 6, 2016. The Veteran appealed the June 2018 decision to the U.S. Court of Appeals for Veterans Claims (Court). In a July 2019 Memorandum Decision, the Court vacated the portion of the Board’s June 2018 decision which denied a compensable rating for the Veteran’s left varicocele and denied a compensable rating for the Veteran’s left inguinal hernia scar from April 6, 2016 forward. In December 2020, the Board granted the Veteran’s claim for entitlement for left inguinal hernia scar with a rating of 10 percent for the entire period on appeal. In the same December 2020 Board decision, the claim for compensable rating for left varicocele was remanded. As a result of the December 2020 remand, a subsequent VA examination was conducted in January 2021. Unfortunately, the Board finds that another remand is required. The examiner was specifically requested to provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the appropriate rating criteria. Additionally, the examiner was requested to address the Veteran’s and associated lay statements noting frequent urinary urgency, hesitancy, weak stream and testicular pain under DC 7527. The examiner was also requested to consider the Veteran’s assertion that his ongoing left varicocele symptomology is best evaluated under DC 7120, varicose veins. The examiner was essentially asked to consider all appropriate diagnostic codes that relate do the Veteran’s symptomatology. The January 2021 examiner indicated that the record was reviewed and that an in-person examination was conducted for male reproductive system conditions. The examiner stated that the varicocele does not cause urinary symptoms and that this subjective complaint is unrelated to the service-connected varicocele. The examiner also found that it was less likely than not that the Veteran’s erectile dysfunction was attributable to the Veteran’s left varicocele repair. The examiner failed to indicate whether the lay assertions by the Veteran were reviewed and did not consider any other potential diagnostic codes, to include Diagnostic Code 7120, varicose veins. As there was not substantial compliance with previous remand directives, another remand is required. The matter is REMANDED for the following action: 1. Make efforts to obtain all outstanding medical records, in accordance with 38 C.F.R. § 3.159(c). 2. After obtaining any outstanding records, forward the Veteran’s claims file to a qualified medical professional, other than the January 2021 examiner, to determine the current severity of his service-connected left varicocele. The entire claims file, including all Board remands, must be reviewed. After reviewing the record, including lay evidence submitted by the Veteran, the examiner is asked to address the following: (a.) Provide a full description of the service-connected left varicocele disability and report all signs, symptoms, and severity necessary for evaluating the Veteran’s disability under the appropriate rating criteria. b.) The examiner must address the Veteran’s and associated lay statements, to include the June 2013 Notice of Disagreement, noting frequent urinary urgency, hesitancy, weak stream, and testicular pain under DC 7527. The examiner must also consider the Veteran’s assertion that his ongoing left varicocele symptomology is best evaluated under DC 7120, varicose veins. The examiner is asked to consider any and all appropriate diagnostic codes in which to rate the symptomology of the Veteran’s left varicocele, recognizing that VA has a duty to maximize benefits. Any opinions offered should be accompanied by a clear rationale consistent with the evidence of record. 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.