Citation Nr: 23039773 Decision Date: 07/19/23 Archive Date: 07/19/23 DOCKET NO. 17-07 833 DATE: July 19, 2023 ORDER Entitlement to service connection for Peyronie's disease (PD) is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, the evidence is in approximate balance as to whether his PD is related to his service. CONCLUSION OF LAW The criteria for entitlement to service connection for a PD have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1978 to June 1999. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge in August 2021, a transcript of which is of record. The Board remanded the claim in August 2022 for outstanding records and an addendum opinion. Entitlement to service connection for PD. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). The Veteran seeks service connection for PD that he reports is related to his service in the Southwest Asia (to include vaccinations commensurate therewith) or caused or aggravated by his service-connected prostatitis. The record in this case clearly establishes the Veteran has PD (see March 2015 VA examination report) and confirmed service in Southwest Asia. The Board therefore finds that the first and second elements of the service connection analysis are satisfied. Thus, the remaining question is whether there is a nexus with service. On this question there are opinions in favor of and against the claim. The evidence against the claim includes a March 2015 VA examiner's opinion that the Veteran's PD is not related to service. In support thereof, the examiner intimated that PD is caused by fibrosis due to trauma and that the Veteran's was related to trauma or to childhood surgery, despite the Veteran being noted as sound upon entry. The record also contains VA opinions rendered in April 2023 pursuant to the Board's remand, however these opinions are afforded no probative weight as the examiner provided the same rationale for all opinions rendered, which was itself scant of any rationale. Turning to the favorable evidence, the record contains a January 2017 letter from Dr. W.F. that the Veteran's PD was related to his service. In support thereof, he acknowledged the Veteran had no relevant family history for PD. Further, he stated that aside from the Veteran's exposures during his service in Southwest Asia, there was no readily apparent explanation for the Veteran's PD. Similarly, in February 2017, Dr. S.Z. stated the Veteran's PD was most likely from his military experience. Neither the positive nor negative opinions are supported by detailed rationales and are rather conclusory. That said, Dr. W.F. and the March 2015 examiner did provide some analysis to support their opinions. Considering the relative probative weight of this positive and negative evidence, the Board finds the evidence is in relative balance as to whether the Veteran's PD is related to service. Thus, resolving all doubt in favor of the Veteran, the Board finds that service connection is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Nathaniel Doan Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Sosna, 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.