The Board remands the claims for service connection for a hysterectomy and partial right nephrectomy as they require further development, including a VA examination to assess their relationship to toxic exposure during military service under the PACT Act.
The deciding factor: A pre-decisional duty-to-assist error exists due to the lack of a VA examination considering the Veteran's toxic exposure risk activity (TERA) during her service, necessitating an opinion based on this TERA for both conditions.
- Claimed conditions
- hysterectomy, partial right nephrectomy
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2025
- Citation
- A25027508
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for exostosis right foot and bilateral plantar fasciitis, but denied service connection for hysterectomy, left shoulder pain, right shoulder pain, dysmenorrhea, chronic obstructive lung disease, female sexual arousal disorder, and a foot callus.
- Granted
The Veteran's service-connected headaches were granted a rating of 50 percent, and she was also granted TDIU, DEA, and SMC for the period from March 27, 2017, to August 20, 2017.
- Denied
The Board denied a rating in excess of 50 percent for the Veteran's hysterectomy and remanded the claim for service connection for restless leg syndrome.
- Denied
The Board denied service connection for hysterectomy, right side salpingectomy, and uterine fibroids as well as a compensable rating for residuals of left ovarian cyst and suprapubic abdominal scar due to the lack of evidence linking these conditions to active service or a service-connected disability.
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