92 Decision Citation: BVA 92-26644

 Y92 
                          BOARD OF VETERANS' APPEALS
                       WASHINGTON, D.C. 20420

    DOCKET NO.  92-11 970       )    DATE
                                )
                                )
                                )

                              THE ISSUE

    Entitlement to service connection for impotence secondary to
    service-connected diabetes.

                           REPRESENTATION

    Appellant represented by:  The American Legion

                       ATTORNEY FOR THE BOARD

    J. Horrigan, Counsel
                            INTRODUCTION

    The veteran served on active duty from May 1971 to November
    1972.

    A May 1990 rating decision from the Montgomery, Alabama,
    Regional Office (RO) denied service connection for impotence
    and continued a prior denial of an evaluation in excess of
    40 percent for diabetes mellitus.  A notice of disagreement
    in regard to both these issues was received on June 25,
    1990, but no statement of the case was issued relative to
    service connection for impotence.  A Board of Veterans'
    Appeals decision of April 1992 increased the evaluation for
    the veteran's diabetes mellitus to 60 percent disabling and
    referred the question of service connection for impotence to
    the RO for further development.  A statement of the case
    regarding service connection for impotence was issued on
    May 2, 1992, and the veteran's substantive appeal was
    received on May 29, 1992.  The case arrived at the Board of
    Veterans' Appeals on July 16, 1992, and was docketed for
    appeal on July 21, 1992.  The veteran has been represented
    during this appeal by The American Legion, to which the file
    was referred.  That organization submitted written arguments
    to the Board on September 4, 1992.  The case is before the
    Board for appellate consideration at this time.

                 CONTENTIONS OF APPELLANT ON APPEAL

    It is essentially contended, by and on behalf of the
    veteran, that he developed impotence as a result of his
    service-connected diabetes mellitus.

                        DECISION OF THE BOARD

    In accordance with the provisions of 38 U.S.C.A. 7104 (West
    1991), following review and consideration of all the
    relevant 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 evidence warrants a grant
    of service connection for impotence.

                           FINDING OF FACT

    The veteran is impotent because of his service-connected
    diabetes.

                          CONCLUSION OF LAW

    The veteran's impotence is proximately due to or the result
    of service-connected disability.  38 U.S.C.A. 5107(a) (West
    1991); 38 C.F.R. 3.310(a) (1991).

           REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

    Initially, the Board notes that the veteran's claim is "well
    grounded" within the meaning of 38 U.S.C.A. 5107(a).  That
    is, we find that he has presented a claim which is
    plausible.  We also find that the Department of Veterans
    Affairs has fulfilled its obligation to assist the veteran
    in the development of his claim under the provisions of
    38 U.S.C.A. 5107(a), and that no further development is
    necessary prior to appellate consideration of this case.
    Under the law, service connection for impotence may be
    granted if the evidence demonstrates that this disorder is
    proximately due to or the result of a service-connected
    disability.  38 C.F.R. 3.310(a).

    A review of the record indicates that the veteran was
    diagnosed as impotent during private treatment in September
    1990 and following a Department of Veterans Affairs physical
    examination conducted in July 1991.  Impotence is a
    recognized complication of diabetes mellitus.  See, for
    example, Cecil Textbook Of Medicine 2263-2264 (18th ed. 1988).
    Accordingly, service connection for impotence, secondary to
    diabetes mellitus, is warranted.

                                ORDER

    Service connection for impotence is granted.

                     BOARD OF VETERANS' APPEALS
                       WASHINGTON, D.C. 20420

           ANTHONY FAVA                 CHARLES E. EDWARDS, M.D.

                             H. H. CLARK

    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.