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
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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