Citation Nr: 18123924
Decision Date: 08/06/18	Archive Date: 08/03/18

DOCKET NO. 12-36 078
DATE:	August 6, 2018
ORDER
Whether vacatur of the Board of Veterans’ Appeals (Board) July 20, 2017 decision, to the extent that it granted service connection for erectile dysfunction and special monthly compensation (SMC) based on loss of use of creative organ, is warranted, is granted.  
FINDING OF FACT
The part of the July 20, 2017 Board decision with respect to the grants of service connection for erectile dysfunction and SMC for loss of use of creative organ constitutes an obvious error of fact and law.  
CONCLUSION OF LAW
Vacatur of that part of the July 20, 2017 Board decision that granted service connection for erectile dysfunction and SMC based on loss of use of creative organ is warranted.  38 U.S.C. §§ 7103 (c), 7104(a); 38 C.F.R. § 20.904.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from May 1969 to November 1970, including service in Vietnam.

Vacatur 
The Board of Veterans’ Appeals (Board) may vacate an appellate decision at any time upon request of the appellant or his or her representative, or on the Board’s own motion, when an appellant has been denied due process of law or when benefits were allowed based on false or fraudulent evidence.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.904.
Here, in its July 20, 2017 decision, the Board, in relevant part, granted service connection for erectile dysfunction, as secondary to service-connected prostate cancer residuals, as well as SMC based on loss of use of a creative organ.  However, the Veteran was already service-connected for erectile dysfunction associated with prostate cancer and was in receipt of SMC for loss of use of a creative organ, both effective September 1, 2009.  In granting service connection for erectile dysfunction and SMC for loss of use of creative organ, the Board violated the rule against pyramiding, see 38 C.F.R. § 4.14 (2017), as the Veteran was already being separately compensated for the same disability. 
Accordingly, the portion of the July 20, 2017 Board decision which granted service connection for erectile dysfunction and SMC for loss of use of a creative organ is hereby VACATED.
 
JENNIFER HWA
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	 

For A Complete Guide To VA Disability Claims and to find out more about your potential VA disability case and how to obtain favorable VA Rating Decision! Visit: VA-Claims.org

For More Information on Veterans Disability Compensation Benefits! Visit: DisableVeteran.org ~ A Non-Profit Non Governmental Agency