The Veteran's claim for erectile dysfunction was reopened, but a higher rating is denied due to the amputation rule.,His right knee disability remains at 80 percent disabling, and his major depressive disorder without psychotic features continues to be rated as 70 percent disabling.
The deciding factor: The combined rating of the service-connected conditions exceeds the maximum allowable rating for amputations, preventing a higher rating.
- Claimed conditions
- Erectile Dysfunction, History, medial meniscus tear, right knee, with degenerative joint disease, effusion, severe quadriceps atrophy, right hip flexor weakness and right foot drop secondary to peroneal nerve entrapment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19106809
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied a compensable rating for erectile dysfunction and a higher rating for left upper extremity peripheral neuropathy with muscle weakness, but granted an earlier effective date for the 60 percent disability rating for thrombosis, TIA or cerebral infarction with impairment of sphincter control and voiding dysfunction, and for service connection for pharynx and/or larynx and/or swallowing conditions residuals.
- Partly granted
The Board granted a 70 percent disability rating for PTSD with MDD, service connection for erectile dysfunction as secondary to the service-connected condition, and SMC based on the need for regular aid and attendance. However, it denied SMC based on housebound status.
- Partly granted
The Board granted a 30 percent evaluation for tension headaches effective September 13, 2022, but denied earlier effective dates and service connection for various conditions.
- Partly granted
The Board denied an increased evaluation for the Veteran's psychiatric disability and granted TDIU beginning April 5, 2022.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.