BVA9505000 DOCKET NO. 92-05 319 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Boston, Massachusetts THE ISSUES 1. Entitlement to an increased rating for a psychophysiological gastrointestinal disorder with anxiety symptoms, currently evaluated as 50 percent disabling. 2. Entitlement to service connection for impotency, claimed as secondary to a service-connected psychophysiological gastrointestinal disorder with anxiety symptoms. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESSES AT HEARING ON APPEAL The appellant and his spouse INTRODUCTION This matter came before the Board of Veterans' Appeals (hereinafter the Board) on appeal from a rating decision of May 1991 from the Boston, Massachusetts, Regional Office (hereinafter RO) of the Department of Veterans Affairs (VA). The veteran had verified active service from July 1954 to January 1960. The case was remanded by the Board in July 1993 for further development. Most of that development has been completed and the case has been returned to the Board for further consideration. REMAND In July 1993, the Board requested further examinations to ascertain the current severity of the service-connected neurosis, the current presence or absence of impotence, and, if present, the etiology of the impotence. The veteran had contended at the time that medications he was taking for his service-connected psychiatric disorder had caused impotence. Pursuant to the remand order the veteran was given a psychiatric examination in August 1993, which was completely adequate for rating purposes. It appears that he was also accorded VA gastrointestinal and genitourinary examinations. On the genitourinary examination there was a diagnosis of sexual impotence. The physician failed to comment on the etiology of the impotence as requested by the Board. The Board points out for the RO's guidance that since the decision of the United States Court of Veterans Appeals in Austin v. Brown, 6 Vet.App. 547 (1994), the Board is no longer able to make decisions on appeals on the basis of medical opinions from its own medical advisors. As such, the opinions of VA physicians who examine veterans have become a primary source of answering medical questions raised by the evidence of record. The case is remanded for the following action: (1). The veteran should be asked which specific medication(s) that he is taking for his service-connected neurosis is believed by him to have caused impotence. He should further be asked whether any physician who has treated him expressed the opinion that such medication caused impotence. If he identifies a physician(s), the RO should request complete treatment records from such physician(s) for association with the claims folder. Such physician(s) should also be asked what there opinion(s) is as to the etiology of the veteran's impotence. (2). The complete original VA outpatient treatment records folder, and, if one exists, the complete VA hospital clinical records folder for the veteran should be obtained for association with the claims folder. (3). The veteran should be accorded a further VA genitourinary examination to ascertain the etiology of the impotence reported on VA examination in October 1993. The examining physician must completely review the claims folder including all records requested above in this remand order, prior to the examination. Following such review and examination of the veteran he should express an opinion as to whether the veteran's impotence is caused by his neurosis or medication which he takes for his neurosis as distinguished from non service-connected causes, such as diabetes mellitus. Following completion of these actions, the RO should review the evidence and determine whether the appellant's claims may now be granted. If not, the appellant and his representative should be provided with an appropriate supplemental statement of the case and be given a reasonable opportunity in which to respond thereto. Thereafter, the case should be returned to the Board for further appellate consideration. BRUCE E. HYMAN 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. Under 38 U.S.C.A. § 7252 (West 1991), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Veterans Appeals. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (1994).