BVA9507140 
DOCKET NO.  93-12 081     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs Regional Office in Muskogee,
Oklahoma

THE ISSUE

Entitlement to special monthly compensation based on the loss of
use of a creative organ.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

Michael P. Vander Meer, Associate Counsel

INTRODUCTION

The veteran served on active duty from June 1965 to August 1980.

This case is before the Board of Veterans' Appeals (Board) on
appeal from a September 1992 rating decision of the Department of
Veterans Affairs (VA) Regional Office (RO) in Muskogee, Oklahoma.

The appeal was received and docketed at the Board in June 1993.
Clarification was thereafter needed concerning the veteran's
desires re a hearing and representation.

CONTENTIONS OF APPELLANT ON APPEAL

The veteran asserts that he has lost erectile power due to his
service-connected diabetes mellitus.  He contends that such
erectile dysfunction comprises loss of use of a creative organ,
warranting special monthly compensation at the rate provided by
38 U.S.C.A. § 1114(k) (West 1991).

DECISION OF THE BOARD

In accordance with the provisions of 38 U.S.C.A. § 7104 (West
1991), following review and consideration of all evidence and
material of record in the veteran's claims file, and for the
following reasons and bases, it is the decision of the Board that
the veteran has failed to meet his initial burden of submitting
evidence sufficient to justify a belief by a fair and impartial
individual that the claim for special monthly compensation is
well grounded.

FINDING OF FACT

Loss of erectile power is not shown; a claim for compensation
based thereon is not plausible.

CONCLUSION OF LAW

The claim for special monthly compensation based on the loss of
use of a creative organ is not well grounded.  38 U.S.C.A.
§§ 1114(k), 5107 (West 1991).

REASONS AND BASES FOR FINDING AND CONCLUSION

Service connection is in effect for diabetes mellitus, rated as
40 percent disabling since July 1981.

Under the law, special monthly compensation at the rate provided
by 38 U.S.C.A. § 1114(k) is payable for loss of use of a creative
organ due to service-connected disability.  38 C.F.R. § 3.350(a).

In asserting entitlement to special monthly compensation for loss
of use of a creative organ, the veteran contends that he
qualifies for such benefit inasmuch as he has lost erectile power
due to his service-connected diabetes mellitus.  However, when
pertinent VA examination of the veteran was completed in June
1992, after which the pertinent diagnosis was erectile
dysfunction secondary to the veteran's service-connected diabetes
mellitus, he indicated that he typically achieves an erection
approximating only 60 percent fullness.  However, he also related
that he achieves an erection 70 percent of the time, which degree
of frequency precludes any finding of loss of erectile power.
Given such consideration, and in the absence of any evidence from
which the Board might otherwise infer the loss of use of a
creative organ, the Board concludes that the claim is not well
grounded.

ORDER

The appeal for special monthly compensation based on the loss of
use of a creative organ is dismissed.

          J. J. SCHULE
          Member, Board of Veterans' Appeals

The Board of Veterans' Appeals Administrative Procedures
Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___
(1994), permits a proceeding instituted before the Board to be
assigned to an individual member of the Board for a
determination.  This proceeding has been assigned to an
individual member of the Board.

NOTICE OF APPELLATE RIGHTS:  Under 38 U.S.C.A. § 7266 (West
1991), a decision of the Board of Veterans' Appeals granting less
than the complete benefit, or benefits, sought on appeal is
appealable to the United States Court of Veterans Appeals within
120 days from the date of mailing of notice of the decision,
provided that a Notice of Disagreement concerning an issue which
was before the Board was filed with the agency of original
jurisdiction on or after November 18, 1988.  Veterans' Judicial
Review Act, Pub. L. No. 100-687, § 402 (1988).  The date which
appears on the face of this decision constitutes the date of
mailing and the copy of this decision which you have received is
your notice of the action taken on your appeal by the Board of
Veterans' Appeals.