Service connection is granted for a cervical spine disorder and left knee disorder, as these conditions were confirmed within one year of separation from active duty. Service connection is denied for the hysterectomy residuals due to lack of medical necessity.,Veteran's cervical spine and left knee disorders are service-connected based on evidence showing osteophytosis within one year of her separation from active duty. The hysterectomy was found to be elective rather than medically necessary.
The deciding factor: The Veteran's cervical spine and left knee conditions were confirmed by X-ray examination within a year of her separation from active duty, meeting the criteria for presumptive service connection under 38 C.F.R. § 3.309(a). The hysterectomy was found to be elective rather than medically necessary based on the lack of preoperative documentation of pelvic pain.
- Claimed conditions
- Cervical spine disorder, Left knee disorder, Hysterectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- September 7, 2011
- Citation
- 1132853
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 1132853.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for a cervical spine disorder and psychiatric disorder due to incomplete information. The Veteran needs to provide his complete service personnel records, verify his alleged combat experience in Vietnam, and undergo VA examinations for both conditions.
- Denied
The Board denied the Veteran's claim for service connection for a cervical spine disorder, finding that there was no evidence of a causal relationship between his current condition and his military service.
- Remanded (sent back)
The Board has determined that the initial ratings assigned for psoriatic arthritis of the upper and lower extremities, as well as service connection for a cervical spine disorder, need to be remanded due to incomplete evidence. The Veteran's periods of active duty for training (ADT) and inactive duty for training (IDT) must be confirmed, and all relevant medical records should be obtained.
- Granted
The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, warranting an effective date of January 8, 2014 for SMC based on the need for aid and attendance.
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