The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because the evidence does not support a finding of additional disability due to delay in treatment of her fibroids.
The deciding factor: The preponderance of the evidence shows that the veteran would have been able to manage her condition with monitoring rather than requiring major surgery, thus there was no additional disability resulting from VA care.
- Claimed conditions
- residuals of a total abdominal hysterectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2006
- Citation
- 0600354
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.
- Dismissed
The Board found that the December 1997 and January 1999 rating decisions were not the product of clear and unmistakable error (CUE).
- Remanded (sent back)
The Board remands the matter for further development to obtain the Veteran's complete Reserve service personnel records, specifically including the nature of her service at the time of her hysterectomy in December 1994.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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