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14-28 033
14-28 033
| Board of Vet. App. | Sep 18, 2017
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Background

  • 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)
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Case Details

Case Name: 14-28 033
Court Name: Board of Veterans' Appeals
Date Published: Sep 18, 2017
Docket Number: 14-28 033
Court Abbreviation: Board of Vet. App.