The Board remands the claim for service connection of erectile dysfunction to obtain a new VA examination and medical opinion that addresses the appropriate standard under Spicer as to whether the Veteran's erectile dysfunction is caused or aggravated by his service-connected psychiatric disability or obstructive sleep apnea.
The deciding factor: The previous opinions did not comply with the new standard set forth in Spicer v. McDonough, 61 F.4th 1360 (Fed. Cir. 2023).
- Claimed conditions
- Erectile Dysfunction
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 4, 2025
- Citation
- A25049575
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.