Citation Nr: 18160359
Decision Date: 12/26/18	Archive Date: 12/26/18

DOCKET NO. 15-16 978
DATE:	December 26, 2018
ORDER
An increased 20 percent rating for erectile dysfunction is granted.
FINDING OF FACT
The Veteran’s erectile dysfunction is manifested by the absence of erectile power and penile deformity.
CONCLUSION OF LAW
The criteria for an increased 20 percent rating for erectile dysfunction are met.  38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.1-4.16, 4.115b, Diagnostic Code 7522.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from February 1967 to January 1971.  This matter is before the Board following his appeal of a May 2014 rating decision.
Increased Rating for Erectile Dysfunction
Following a review of the record, and after resolving any doubt in favor of the Veteran, the Board finds that a compensable rating is warranted for the Veteran’s erectile dysfunction.  In order to receive a compensable (20 percent) rating under Diagnostic Code 7522, there must not only be erectile dysfunction (impotence), but there must also be competent evidence of a penile deformity.  38 C.F.R. § 4.115b, Diagnostic Code 7522.  
Here, there is no question that the Veteran has impotence and, as recent as January 2015, he reported that the medication prescribed for erectile dysfunction was no longer helping.  Additionally, while a March 2014 VA examiner found the Veteran’s penis to be normal on physical examination, the Veteran explained in his May 2015 substantive appeal that, at the time of the VA examination, his penis was flaccid.  However, in his substantive appeal, he explained that, when erect, his penis had significant curvature.  The Veteran is competent to testify as to a misshapen or deformed penis, as such is capable of lay observation.  Layno v. Brown, 6 Vet. App. 465 (1994).  Significantly, there is nothing of record to contradict his assertion as to the presence of such a deformity during erection.
Thus, the Board finds that the criteria for a compensable rating for erectile dysfunction are met, and a 20 percent rating is granted.  38 C.F.R. §§ 3.102, 4.115b, Diagnostic Code 7522. 
									(Signature on next page)
 
S. C. KREMBS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	A. Fagan, Counsel

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