The Board has granted service connection for residuals of a hysterectomy, effective May 11, 1988. The Veteran is also eligible for special monthly compensation (SMC) for loss of use of a creative organ.
The deciding factor: The RO committed clear and unmistakable error in the November 30, 1988 rating decision denying service connection for hysterectomy residuals due to the failure to rebut the presumption of soundness. As such, the outcome would have been manifestly different if the RO had correctly applied the facts and law.
- Claimed conditions
- residuals of a hysterectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 4, 2019
- Citation
- 19183303
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 Board granted service connection for residuals of a hysterectomy, resolving reasonable doubt in the Veteran's favor.
- Partly granted
The Board denied a compensable disability rating for trichomoniasis and remanded the issue of service connection for residuals of a hysterectomy.
- Remanded (sent back)
The Board remands the claim for a hysterectomy to obtain an addendum opinion regarding its relation to active duty service.
- Remanded (sent back)
The Board remanded the case for further development to determine if the veteran's uterine prolapse and residuals of a hysterectomy are related to her military service.
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