The Veteran's initial 50 percent rating for residuals of a hysterectomy was reduced to 30 percent effective February 1, 2015 due to clear and unmistakable error. The Veteran is now entitled to restoration of the 50 percent rating.,For the entire rating period, the Veteran's lumbar spine disability approximated a 40 percent rating based on limitation of motion and functional loss due to pain, with consideration of flare-ups and lack of endurance. An initial 50 percent rating is granted for this condition.,The acquired psychiatric disorder has not met the criteria for an initial rating in excess of 50 percent.
The deciding factor: Restoration of a 50 percent rating was warranted due to clear and unmistakable error in reducing the Veteran's disability rating from 50% to 30%. The evidence showed that both ovaries were removed, which is required for a 50% rating.
- Claimed conditions
- residuals of hysterectomy, degenerative disc disease of the lumbar spine, depressive disorder with posttraumatic stress disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- November 29, 2017
- Citation
- 1754614
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 1754614.
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.
- Granted
The Veteran's hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating for various conditions, including allergic rhinitis, sleep apnea, degenerative disc disease of the lumbar spine, lower extremity radiculopathies, and left lower extremity radiculopathy with foot drop. The issues include determining if these conditions are related to service or other factors.
- Remanded (sent back)
The Board has denied service connection for bilateral hearing loss and remanded the other claims. The Veteran's hearing loss claim is denied as there was no evidence of a current disability during or after active service.
- Granted
The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment since June 30, 2018. The Board has granted a TDIU effective July 1, 2018.
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