Smc For Hysterectomy/ovaries Removed, But...?

[LILS]

Am I entitled to SMC since I had a hysterectomy & my ovaries/tubes removed (due to endometriosis), EVEN THOUGH I HAD A TUBAL LIGATION A YEAR BEFORE THAT?

[jvretiredvet]

Yes.

Am I entitled to SMC since I had a hysterectomy & my ovaries/tubes removed (due to endometriosis), EVEN THOUGH I HAD A TUBAL LIGATION A YEAR BEFORE THAT?

[LILS]

Really? Won't the VA say, well, you weren't planning on conceiving anymore children, hence the tubal ligation, so SMC cannot be awarded?

[jvretiredvet]

Really? Yes, really. But, you'd receive only one award of SMC-k for the loss of the uterus and the ovaries.

Won't the VA say, well, you weren't planning on conceiving anymore children, hence the tubal ligation, so SMC cannot be awarded? Please review the criteria for award of SMC-k at 38 CFR 3.350(a) . There is no mention of an earlier BTL . I am sure that the rationale you mention had been used in the past, but I am also sure that it was overturned by the DRO/BVA .

And, until the veteran becomes menopausal, one could always anticipate a tuboplasty, ie., reconnect the cut ends of the Fallopian tubes (or, remove the band).

Of other concern, beyond fecundity, is the hormonal function of the ovaries, ie., estrogen production. INMSHO, HRT really does not do a very good job compared to an ovary or two.

On another note, with that apparent killer instinct you've displayed, have you considered becoming a Rating Veteran Service Representative?

Addendum: When you get the SMC-k, if you don't believe you deserve it because of the prior BTL, ask your friendly neighborhood VARO to take that award away.

Really? Won't the VA say, well, you weren't planning on conceiving anymore children, hence the tubal ligation, so SMC cannot be awarded?

Edited September 14, 2012 by jvretiredvet

[john999]

Don't worry! SMC K is so small you will hardly notice it. The VA believes your reproductive organs are worth about $100 bucks a month if you lose them.

[Tbird]

SMC K is only about $100 a month but compensation for removal of ovaries and uterus is 50% service connected compensation. Sharon, thanks for clarifying, I was wrong, as Sharon say's "It is possibile to have the hysterctomy service connected after service if the condition that caused you to have to have one began while you were on active duty."