The Board dismissed the claims for a compensable rating for service-connected erectile dysfunction and increased special monthly compensation based on loss of use of a creative organ, as there remains no case or controversy with respect to these issues over which the Board may exercise jurisdiction. The claims for an increased disability rating for major depressive disorder, left knee disability, and service connection for right knee disability are remanded due to duty to assist errors.
The deciding factor: The claims were dismissed because they had already been fully adjudicated by the Board, and there is no remaining question of law or fact for the Board to resolve. The claims for increased ratings and service connection are remanded to correct duty to assist errors.
- Claimed conditions
- Erectile Dysfunction, Major Depressive Disorder with Other Specified Trauma and Stressor-Related Disorder (Acquired Psychiatric Disorder), Left Knee Disability (Meniscal Tear, Degenerative Arthritis), Right Knee Disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 2, 2025
- Citation
- A25048417
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- 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 increased ratings for the Veteran's left and right knee disabilities, including separate ratings for instability and meniscal conditions, but denied higher ratings for flexion limitations in both knees. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities prior to December 1, 2021.
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