The Board found that the reduction from a 50 percent disability rating to a 30 percent disability rating for a history of uterine fibroids with abdominal hysterectomy, effective April 1, 2008, was proper due to clear and unmistakable error in a September 1999 rating decision.
The deciding factor: The reduction was proper because the correct facts were not before the adjudicator at the time of the original decision, as the regulatory provisions extant at that time incorrectly applied. The error occurred based on the record and law that existed at the time of the prior adjudication in question.
- Claimed conditions
- history of uterine fibroids with abdominal hysterectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 10, 2012
- Citation
- 1200852
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 1200852.
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
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