14-28 033
14-28 033
| Board of Vet. App. | Sep 18, 2017Background
- Veteran served active duty from June 1975–June 1979 (honorable) and July 1978–Jan 1982 (bad conduct discharge).
- He filed for service connection for erectile dysfunction (ED) and contends onset/worsening after a right simple orchiectomy in 2009.
- RO issued a March 2013 rating decision; the claim for ED remained before the Board after administrative review.
- A July 2017 RO rating decision declined to reopen the previously denied claim for service connection for right simple orchiectomy; that decision had not become final at the time of this Board action.
- Veteran testified at a January 2016 Board videoconference hearing; Board remanded the claim in March 2016 and later advanced the appeal on the docket for expedition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to service connection for erectile dysfunction | ED began or worsened after 2009 right simple orchiectomy; ED is proximately due to orchiectomy | VA implicitly argues adjudication should await finality of the July 2017 decision on reopening the orchiectomy claim | Remanded: Board deferred decision on ED until the July 2017 orchiectomy reopening decision is final; instructed AOJ to readjudicate ED (including obtaining records/VA opinion) after finality |
Key Cases Cited
- Kutscherousky v. West, 12 Vet. App. 369 (1999) (appellant may submit additional evidence and argument after remand; Board must afford opportunity to respond)
