The Veteran's claim for an earlier effective date for partial transvaginal hysterectomy without oophorectomy was denied.,An increased rating of 100 percent for major depressive disorder and panic disorder without agoraphobia is granted, subject to controlling regulations governing the payment of monetary awards.,The Veteran's claim for an increased (compensable) rating for hypertension was denied.,The Veteran's claim for a higher initial rating for migraines was denied.,SMC pursuant to 38 U.S.C. § 1114(s) is granted, subject to controlling regulations governing the payment of monetary awards.,Higher initial ratings for right and left lower extremity radiculopathy are remanded.,The Veteran's claim for an increased (compensable) rating for gastroesophageal reflux disease (GERD) and hiatal hernia is remanded.,SMC pursuant to 38 U.S.C. § 1114(s) prior to June 23, 2014 is remanded.,A TDIU due to service-connected disabilities from August 1, 2013 through June 22, 2014 is granted.
The deciding factor: The effective date for the award of partial transvaginal hysterectomy without oophorectomy was not earlier than August 1, 2013.,An increase in major depressive disorder and panic disorder without agoraphobia was factually ascertainable one year prior to the Veteran's June 23, 2015 increased rating claim.,The criteria for an increased (compensable) rating for hypertension were not met.,The criteria for a higher initial rating for migraines were not met.,SMC pursuant to 38 U.S.C. § 1114(s) is warranted as the Veteran has been awarded a total disability rating based on individual unemployability (TDIU).,Higher initial ratings for right and left lower extremity radiculopathy are required due to their association with the service-connected back disability.,The criteria for an increased (compensable) rating for gastroesophageal reflux disease (GERD) and hiatal hernia were not met.,SMC pursuant to 38 U.S.C. § 1114(s) prior to June 23, 2014 is warranted as the Veteran has been awarded a TDIU since August 1, 2013.,A TDIU due to service-connected disabilities from August 1, 2013 through June 22, 2014 was granted.
- Claimed conditions
- partial transvaginal hysterectomy without oophorectomy, major depressive disorder and panic disorder without agoraphobia, Hashimoto’s thyroiditis, right lower extremity radiculopathy, left lower extremity radiculopathy, lumbar degenerative disc and joint disease and T-5 compression fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2019
- Citation
- 19105329
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19105329.
What this means for you
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