Citation Nr: 21031829
Decision Date: 05/24/21	Archive Date: 05/24/21

DOCKET NO. 19-20 941
DATE: May 24, 2021

REMANDED

The issue of an initial rating of more than 70 percent since January 14, 2008, for posttraumatic stress disorder (PTSD) is remanded.

The issue of entitlement to special monthly compensation (SMC) for loss of use of a creative organ is remanded.

REASONS FOR REMAND

The Veteran served in the U.S. Army from February 1991 to October 1991 and from December 1991 to April 1992. He also served in the U.S. Army Reserve.

In March 2017, the Board granted service connection for PTSD, which the RO effectuated in an April 2017 rating decision.  The RO assigned a 70 percent rating effective January 14, 2008, and the Veteran appealed.

In a February 2020 decision, the Board denied an increased initial rating for PTSD and the Veteran appealed to the United States Court of Appeals for Veterans Claims (Court).  In January 2021, the Court granted a Joint Motion for Remand (JMR), vacated the February 2020 Board decision, and remanded the appeal to the Board.

The JMR stated that the Veteran raised the issue of entitlement to SMC based on loss of use of a creative organ on his July 2019 VA Form 9 and that the Board failed to address this argument in its February 2020 decision.  The Veteran has stated that he was diagnosed with erectile dysfunction which was caused by his history of military sexual trauma and the medications he took for his PTSD.  Therefore, the Board finds that the issue of entitlement to SMC based on loss of use of a creative organ has been raised by the record and is part of the current appeal.  

1. The issue of an initial rating of more than 70 percent since January 14, 2008, for posttraumatic stress disorder (PTSD), is remanded.

2. The issue of entitlement to special monthly compensation (SMC) for loss of use of a creative organ is remanded.

The matters are REMANDED for the following action:

1. BACKGROUND FOR THE RO ADJUDICATOR:

The Veteran has not been afforded a VA examination for his PTSD since May 2013.  Given that the Veteran was hospitalized at least once in the intervening period, it appears that his symptoms may have worsened and an updated examination is necessary.  Additionally, an examination that addresses whether the Veteran's PTSD causes loss of use of a creative organ is necessary.  The July 2019 VA Form 9 states that the Veteran "has been diagnosed with erectile dysfunction throughout the appeal."  However, the record does not indicate such a diagnosis.  An examination is necessary to clarify.

2. Schedule the Veteran for a VA PTSD examination and a VA male reproductive system examination. All indicated tests and studies should be accomplished and the findings reported in detail. 

All relevant medical records must be made available to the examiner for review of pertinent documents. The examination report should specifically state that such a review was conducted. The examiner must provide a comprehensive explanation for all opinions provided.

The examiner should address the following:

Identify all of the Veteran's current PTSD symptoms.  The examiner must expressly discuss whether one of the Veteran's PTSD symptoms is erectile dysfunction, which may have been caused by his history of military sexual trauma and/or the medication used to treat his PTSD.

 

 

Jacqueline E. Miller

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Hammad Rasul, 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.