Citation Nr: A24042000
Decision Date: 07/30/24	Archive Date: 07/30/24

DOCKET NO. 210427-157325
DATE: July 30, 2024

ORDER

Entitlement to service connection for epididymitis is granted.

FINDING OF FACT

A July 2021 rating decision granted service connection for epididymitis; this is a binding favorable finding.

CONCLUSION OF LAW

The criteria for service connection for epididymitis have been met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.104, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Air Force from September 1999 to June 2004.  

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2020 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 

Within the framework of the Appeals Modernization Act (AMA), in April 2021, the Veteran submitted a VA Form 10182, Decision Review Request Board Appeal (Notice of Disagreement (NOD)) in response to the September 2020 rating decision and elected Direct Review by a Veterans Law Judge.  38 C.F.R. § 19.2(d).  In this regard, the Board notes that under the direct review option, no additional evidence received after the appealed rating decision is to be considered; rather, review is limited to the evidence on record at the time of the September 2020 decision.  It may consider argument, but not evidence, that was received at any time after September 14, 2020.

Service Connection

Service connection may be granted for a disability resulting from disease or injury incurred or aggravated by service.  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, 1167 (Fed. Cir. 2004).

When there is an approximate balance of positive and negative evidence regarding any issue material to determination of a matter, the Secretary shall give the benefit of the doubt to the claimant.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.  Moreover, under the AMA, Agency of Original Jurisdiction (AOJ) favorable findings are binding on the Board, absent clear and unmistakable error.  38 U.S.C. § 5104A; 38 C.F.R. § 3.104(c).

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?

Entitlement to service connection for epididymitis.

While this appeal was pending, a July 2021 rating decision granted service connection for epididymitis.  See July 2021 Rating Decision - Narrative.  Despite the grant of service connection, the Board is nonetheless obligated to decide the earlier, pending claim.  Warren v. McDonald, 28 Vet. App. 214 (2016).  However, as the RO issued a rating decision granting service connection, favorable findings binding on the Board have been entered as to all elements of the claim.  Accordingly, the Board concludes the criteria for service connection have been met and the claim is granted.  38 U.S.C. § 1110; 38 C.F.R. §§ 3.303, 3.304.

 

 

T. Raymond

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Cheng, Jenny

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.