Citation Nr: A25035184
Decision Date: 04/16/25	Archive Date: 04/16/25

DOCKET NO. 240808-462213
DATE: April 16, 2025

ORDER

Entitlement to special monthly compensation (SMC) based on loss of use of a creative organ is denied.

FINDING OF FACT

The Veteran does not have loss of use of a creative organ due to a service-connected disability

CONCLUSION OF LAW

The criteria for SMC for loss of use of a creative organ are not met.  38 U.S.C. § 1114(k); 38 C.F.R. § 3.350.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from February 1973 to February 1977 and in the United States Army from October 1985 to October 1988.  

With respect to the Veteran's claim of entitlement to SMC based on loss of use of a creative organ, in a May 2022 rating decision, the agency of original jurisdiction (AOJ) denied this claim.  In May 2023, the Veteran requested Higher-Level Review (HLR) as to the denial of this claim.  The HLR rating decision on appeal was issued in August 2023.  With a request for HLR, the evidentiary record is limited to that of record at the time of the decision for which HLR is requested; here, May 2022. 

In the August 2024 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket.  As the Veteran has selected the Direct Review Docket, the Board may only consider the evidence of record before the AOJ at the time of its decision on the issue on appeal.? See 38 C.F.R. §§ 20.300(a), 301.? The Board will not consider evidence received after the AOJ decision unless the claimant files a timely request for a Board hearing or an opportunity to submit additional evidence on the NOD (VA Form 10182).? 38 C.F.R. § 20.301.  The Veteran has not filed such a request.

SMC based on loss of use of creative organ

The Veteran asserts that he is entitled to SMC for loss of use of creative organ, in particular his infertility.  SMC is available if a Veteran, as a result of a service-connected disability, has lost the use of a creative organ.  38 U.S.C. § 1114(k); 38 C.F.R. § 3.350(a).  In this case, the Veteran is not service connected for infertility or any other disability for which he has attributed loss of a creative organ.  As such, SMC for loss of use of a creative organ is not warranted.

 

 

Ann K. Minami

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Arif Syed, 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.