The Board found that the original 50% rating for residuals of a total abdominal hysterectomy and left ovary removal was based on clear and unmistakable error (CUE) due to incorrect application of regulatory provisions, thus reducing it to 30%. The reduction is denied as there is no law permitting restoration of a higher rating.
The deciding factor: The original 50% rating was found to be based on CUE due to the incorrect application of relevant regulatory provisions at the time of the January 2002 rating decision, which did not account for the fact that only one ovary had been removed.
- Claimed conditions
- Total abdominal hysterectomy, Left ovary removal
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 31, 2019
- Citation
- 19107228
Veterans Law Judge
Decisions by this judge: 2,035 · Granted: 30% (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 19107228.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities prevented her from obtaining or retaining substantially gainful employment since May 20, 2017. Her TDIU claim is granted with an effective date of May 20, 2017.
- Remanded (sent back)
The Board has remanded the claims for service connection for a total abdominal hysterectomy with bilateral salpingo-oophorectomy and unexplained bleeding (endometriosis) as secondary to the Veteran's service-connected PTSD. The case will be further examined to determine if these conditions are related to her PTSD.
- Denied
The Veteran's claim for an initial evaluation in excess of 30 percent for total abdominal hysterectomy, left salpingo-oophorectomy, and partial right oophorectomy is denied.
- Granted
The Veteran's claim for a higher rating for her service-connected total abdominal hysterectomy and right salpingo-oophorectomy has been granted, with a 50% evaluation effective from the date of the grant of service connection.
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