The Veteran's primary biliary cirrhosis was granted service connection as it was aggravated during active duty, while endometriosis was denied as there is clear and unmistakable evidence that the condition pre-existed service and was not aggravated by military service.
The deciding factor: Service connection for primary biliary cirrhosis was granted due to aggravation, whereas endometriosis was denied based on clear and unmistakable evidence of pre-existing status without aggravation during service.
- Claimed conditions
- primary biliary cirrhosis, endometriosis
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 11, 2009
- Citation
- 0904922
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The veteran withdrew the appeal for all service connection claims, and the Board has no jurisdiction to review these matters.
- Granted
The Board granted service connection for endometriosis, to include any residuals, based on evidence showing the condition was diagnosed during active duty and led to a subsequent hysterectomy.
- Remanded (sent back)
The Board remands the claims for service connection for endometriosis, oophorectomy (claimed as ovariectomy), and ovarian adhesions due to insufficient evidence.
- Partly granted
The Board granted service connection for adhesions, benign cyst of right ovary, and endometriosis, resolving all doubt in favor of the Veteran. The claims for an earlier effective date were denied.
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