ERECTILE DYSFUNCTION

Summary

The Veteran, who served from February 1972 to August 1972, appeals the denial of service connection for erectile dysfunction as secondary to his service-connected degenerative disc disease of the thoracolumbar spine, and the denial of special monthly compensation (SMC) for loss of use of a creative organ. The Veteran's service treatment records were negative for erectile dysfunction, but post-service treatment records and private medical opinions from July, August, and September 1995 indicated a diagnosis of erectile dysfunction. These private opinions, from Dr. J.I.M. and Dr. R.E.S., concluded that the Veteran's degenerative disc disease was a contributing factor to his erectile dysfunction, finding it highly probative and well-reasoned. The Board found these opinions sufficiently linked the erectile dysfunction to the service-connected back condition. Consequently, service connection for erectile dysfunction was granted as secondary to the degenerative disc disease. Based on this service connection and the resulting loss of use of a creative organ, entitlement to special monthly compensation was also granted. The Board found the private opinions sufficiently probative and well-reasoned, connecting the erectile dysfunction to the service-connected degenerative disc disease.

Rationale

Veteran has current diagnosis of erectile dysfunction.; Private medical opinions found degenerative disc disease contributes to erectile dysfunction.; Opinions were probative and well-reasoned, connecting erectile dysfunction to service-connected back disorder.

Full Decision Text

Citation Nr: A26035364
Decision Date: 04/16/26	Archive Date: 04/16/26

DOCKET NO. 230522-348006
DATE: April 16, 2026

ORDER

Entitlement to service connection for erectile dysfunction as secondary to service connected degenerative disc disease, thoracolumbar spine is granted.

Entitlement to special monthly compensation based on loss of use of a creative organ is granted.

FINDINGS OF FACT

1. The Veteran's erectile dysfunction is caused by his service connected degenerative disc disease, thoracolumbar spine.

2. The Veteran's service connected degenerative disc disease, thoracolumbar spine resulted in loss of use of a creative organ.

CONCLUSIONS OF LAW

1. The criteria for service connection for erectile dysfunction have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

2. The criteria for special monthly compensation based on loss of use of a creative organ have been met. 38 U.S.C. §§ 1155, 1114(k); 38 C.F.R. § 3.350.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from February 1972 to August 1972.

This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2023 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The rating decision on appeal constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.

In the May 2023 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. On January 7, 2026, the Veteran withdrew the hearing request. Therefore, the Board may only consider the evidence of record at the time of the April 2023 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or representative within 90 days following receipt of the withdrawal of the hearing request. 38 C.F.R. § 20.302(b). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to receipt of the withdrawal, or (2) more than 90 days following receipt of the withdrawal, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(b), 20.801.

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claims, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

The Board is cognizant of the recent decision issued by the United States Court of Appeals for Veterans Claims (Court) in the case of Williams v. McDonough, 37 Vet. App. 305 (2024). There, the Court held, in essence, that the Board must refrain from deciding a case until the case proceeds to the point where a docket switch is no longer permitted under the terms of 38 C.F.R. § 20.202(c)(2). In this case, a docket switch is no longer permitted under the terms of 38 C.F.R. § 20.202(c)(2) as it is more than one year from the date that the AOJ mailed notice of the decision on appeal, and it is more than 60 days of the date that the Board received the May 2023 VA Form 10182. Therefore, the Board shall proceed with adjudication.

1.  Entitlement to service connection for erectile dysfunction as secondary to service connected degenerative disc disease, thoracolumbar spine is granted.

The Veteran generally seeks service connection for erectile dysfunction as etiologically related to service. See January 2023 Application for Disability Compensation and Related Compensation Benefits (VA Form 21-526EZ). Specific argument in support of this appeal was not received.

Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection may also be granted for any disease diagnosed after discharge, when all evidence, including that pertinent to service, establishes that the disease was incurred in service. 
 service connection for erectile dysfunction as secondary to service connected degenerative disc disease, thoracolumbar spine is granted.

The Veteran generally seeks service connection for erectile dysfunction as etiologically related to service. See January 2023 Application for Disability Compensation and Related Compensation Benefits (VA Form 21-526EZ). Specific argument in support of this appeal was not received.

Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection may also be granted for any disease diagnosed after discharge, when all evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Direct service connection may be granted based on evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. 38 C.F.R. § 3.304. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004).

Service connection may be established on a secondary basis for a disability that is proximately due to or the result of a service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires evidence sufficient to show (1) that a current disability exists and (2) that the current disability was either (a) caused by or (b) aggravated by a service-connected disability. 38 C.F.R. § 3.310(a); Allen v. Brown, 7 Vet. App. 439 (1995). VA has amended 38 C.F.R. § 3.310 to explicitly incorporate the holding in Allen, except that it will not concede aggravation unless a baseline for the claimed disability can be established with evidence created prior to any aggravation. 38 C.F.R.                         § 3.310(b).

The Veteran's service treatment records are negative for complaints, treatment, or a diagnosis of erectile dysfunction. Post-service treatment records show a diagnosis of erectile dysfunction.

In a private July 1995 medical report, the Veteran reports his issues with achieving an erection. Dr. J.I.M., indicates that degenerative disc disease most certainly can contribute to the Veteran's current erectile dysfunction. In an August 1995 urologist report, the Veteran reports continued erectile dysfunction. The physician stated that the Veteran experiences voiding problems and impotence both secondary to back disorder and depression. In a September 1995 report, Dr. R.E.S. indicates that since the back injury, the Veteran has experienced worsening voiding symptoms as well as erection dysfunction, which is not surprising considering the degree of back pain. 

The Board finds collectively the private etiology opinions to be highly probative. In this regard, the providers examined the Veteran and provided adequate rationale for the conclusions reached. In this regard, the current back disorder contributes to the erectile dysfunction. In addition, the providers adequately considered the statements and contentions of the Veteran and the onset and continuity of his symptoms. The opinions also has clear conclusions that the back disorder certainly contributes to erectile dysfunction, as well as reasoned medical explanations connecting the Veteran's erectile dysfunction to his service connected degenerative disc disease, thoracolumbar spine. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). Accordingly, collectively the opinions are afforded great probative weight.

In sum, the Veteran has a current diagnosis of erectile dysfunction. The only probative opinions of record are in support of the Veteran's claim for entitlement to service connection on a secondary basis. Moreover, there is no sufficient basis for the Board to reject the supportive opinions and to further develop the claim. Cf. Mariano v. Principi, 17 Vet. App. 305, 312 (2003) (holding that, because it is not permissible for VA to undertake additional development to obtain evidence against a Veteran's case, VA must provide an adequate statement of reasons or bases for its decision to pursue such development where such development could be reasonably construed as obtaining additional evidence for that purpose).

Accordingly, the Board finds that entitlement to service connection for erectile dysfunction, as secondary to service connected degenerative disc disease, thoracolumbar spine disease is warranted. The appeal is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Lynch v. McDonough, 21 F.4th 776 (2021) (en banc).

2.  Entitlement to special monthly compensation based on loss of use of a creative organ is granted.

VA
 undertake additional development to obtain evidence against a Veteran's case, VA must provide an adequate statement of reasons or bases for its decision to pursue such development where such development could be reasonably construed as obtaining additional evidence for that purpose).

Accordingly, the Board finds that entitlement to service connection for erectile dysfunction, as secondary to service connected degenerative disc disease, thoracolumbar spine disease is warranted. The appeal is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Lynch v. McDonough, 21 F.4th 776 (2021) (en banc).

2.  Entitlement to special monthly compensation based on loss of use of a creative organ is granted.

VA law provides that special monthly compensation is warranted if a veteran, as the result of service-connected disability, has suffered the anatomical loss of use of one or more creative organs. 38 U.S.C. § 1114(k); 38 C.F.R. § 3.350(a).

The Veteran has a present diagnosis of erectile dysfunction. See post-service VA treatment records. This disability is now service connected as secondary to service connected degenerative disc disease, thoracolumbar spine, as recounted above. Entitlement to special monthly compensation based on the loss of use of a creative organ must now also be granted. The appeal is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Lynch v. McDonough, supra. 

 

KRISTY L. ZADORA

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. McPhaull, 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.