BVA9500467 DOCKET NO. 91-55 732 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Louisville, Kentucky THE ISSUE Entitlement to service connection for atrophy of the left testicle. REPRESENTATION Appellant represented by: Kentucky Division of Veterans Affairs WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Julia M. Kurtz, Associate Counsel INTRODUCTION The veteran served on active duty from November 1942 to March 1944. This appeal arises from a February 1990 rating decision of the Louisville, Kentucky, Regional Office (RO) which denied service connection for atrophy of the left testicle. The veteran testified before a hearing officer at the RO in July 1990. In August 1991, the Board denied service connection for atrophy of the left testicle. In March 1993, the United States Court of Veterans Appeals (Court) vacated the Board's decision and remanded the case to the Board for readjudication of the veteran's claim in a manner consistent with its order. In October 1993, the Board remanded the case for further development. The veteran was originally represented in his appeal by Paralyzed Veterans of America, Inc.; he is now represented by Kentucky Division of Veterans Affairs. The case is now ready for appellate review. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he is entitled to service connection for atrophy of the left testicle. He contends that he suffered from the mumps and associated orchitis in service which was ultimately productive of bilateral atrophy of the testes. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file(s). Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the evidence is in relative equipoise on the claim of entitlement to service connection for atrophy of the left testicle and that, accordingly, service connection is granted. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's claim has been obtained by the RO. 2. Atrophy of the left testicle is the result of mumps initially manifested during active service. CONCLUSION OF LAW Atrophy of the left testicle was incurred in service. 38 U.S.C.A. §§ 1110, 5107 (West 1991); 38 C.F.R. § 3.304 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION Initially, it is necessary to determine if the veteran has submitted a well-grounded claim within the meaning of 38 U.S.C.A. § 5107(a) (West 1991), and if so, whether the Department of Veterans Affairs (VA) has properly assisted him in the development of his claim. A "well-grounded" claim is one which is not implausible. Our review of the record indicates that the veteran's claim is plausible. Pursuant to the Board's October 1993 remand, a VA urological examination was conducted. Under 38 U.S.C.A. § 1110, it is provided that service connection may be granted for disability resulting from disease or injury incurred in or aggravated by wartime service. The veteran's service medical records are not of record. They were apparently destroyed in the 1973 fire at the National Personnel Records Center. The veteran submitted affidavits from friends, dated in January 1975, attesting that the veteran had mumps in service. The veteran has had several VA examinations since June 1975. The veteran has consistently given a history of having mumps in service. The veteran's testicles have been generally noted to be atrophied, the left being larger than the right. In July 1986, the testes were described as quite atrophic testicles. In December 1986, the left testicle measured 4 centimeters long by 3 centimeters wide by 3 centimeters deep. The right testicle was definitely atrophied, measured 2.5 centimeters long by 1.5 centimeter wide by 1.5 centimeters deep. The diagnosis was right testicular atrophy, residual of mumps orchitis. In October 1989, the left testicle was found to be approximately 4 centimeters long by 3 centimeters wide by 3 centimeters deep. While hospitalized in June 1990, the veteran was noted to have atrophied testicles bilaterally. In December 1993, the left testicle measured 2.5 centimeters by 1.5 centimeters and the right testicle measured 3 centimeters by 1.5 centimeters. The diagnoses were post mumps testicular atrophy, early detumescence, and probable sterility, secondary to above. Based upon the evidence of record, in July 1975, the RO established service connection for atrophy of the right testicle, residuals of mumps. At his hearing in July 1990, the veteran testified that: he had mumps in service; his testicle swelled to the size of a basketball; he could not cross his legs for a long time thereafter; he has had very small testicles since that time; he comes from a large family; he underwent tests following service and was told he has a low sperm count. Where the evidence is in relative equipoise, the veteran is accorded the benefit of the doubt. 38 U.S.C.A. § 5107(b) (West 1991); Gilbert v. Derwinski, 1 Vet.App. 49 (1990). The Board has considered the contentions of the veteran, hearing testimony, and evidence of record. Although the veteran's service medical records are not of record, the Board notes that the veteran has consistently given a history of mumps in service, physicians have repeatedly diagnosed atrophy of the right testicle due to mumps, and concedes that the veteran had mumps and orchitis in service. Although the measurements of the left testicle have varied over the years, the Board observes that the left testicle has generally been noted to be atrophied or slightly larger than the right testicle, which is definitely atrophied. At the latest VA examination, the examiner concluded that the veteran had post mumps testicular atrophy. Additionally, the Board finds the veteran's testimony credible. A review of the entire record shows that the evidence favoring a grant of service connection for atrophy of the left testicle is in relative equipoise with the evidence favoring a denial. According the veteran the benefit of the doubt, the Board concludes that the veteran is entitled to service connection for atrophy of the left testicle. ORDER Service connection for atrophy of the left testicle is granted. JEFFREY J. MARTIN 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.