The veteran's service-connected residuals of her hysterectomy have been assigned a 30 percent rating, the maximum rating authorized under Diagnostic Code 7618; the residuals are currently manifested by a normal postoperative gynecological examination with no evidence that the ovaries have been removed.
The deciding factor: There is no legal basis for the assignment of a schedular evaluation in excess of 30 percent for residuals of the veteran's hysterectomy, as she does not warrant an initial evaluation of 100 percent for complete removal of the uterus because more than three months have elapsed since the surgical procedure and there is no evidence that her ovaries have been removed.
- Claimed conditions
- Residuals of a myomatous uterus and laparoscopic assisted vaginal hysterectomy, Iron deficiency anemia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 16, 2008
- Citation
- 0816179
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
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