The Board has determined that the reduction of the veteran's rating from 30% to 10% for residuals of cholecystectomy was improper. The RO is now required to restore the veteran's original 30% rating, and then re-adjudicate his claim for an increased evaluation.
The deciding factor: The evidence did not show material improvement in the veteran's condition that would warrant a reduction from 30% to 10%.
- Claimed conditions
- residuals of cholecystectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 30, 2004
- Citation
- 0427155
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0427155.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 rating in excess of 40 percent for lumbar strain, a rating in excess of 10 percent for residuals of cholecystectomy, and a compensable rating for bilateral hearing loss. A 20 percent rating was granted for laparotomy scars, abdomen.
- Remanded (sent back)
The Board denied service connection for dental residuals of full mouth rehabilitation and remanded the claims for a disability rating in excess of 10 percent for GERD with hiatal hernia, a separate compensable rating for cholecystectomy residuals, a compensable rating for recurrent uveitis, and separate ratings for left and right lower extremity radiculopathy.
- Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C. § 1151 for various secondary conditions are remanded due to predecisional duty-to-assist errors.
- Dismissed
The Veteran's claim for a higher rating for migraine headaches has been withdrawn. The claims for diabetes mellitus, peripheral neuropathy of bilateral upper and lower extremities, sleep apnea, breast cancer residuals, cholecystectomy residuals, right knee disability, left knee disability, left foot injury, acquired psychiatric disorder (PTSD and depression), traumatic brain injury with residuals, memory loss, chronic fatigue syndrome, and tinnitus have been dismissed. The claim for service connection for temporomandibular joint disorder is remanded.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.