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

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  • HadIt.com Elder

Pond V West: A Very interesting read, Circa 1999.

A claimant who posesses a license in the medical field cannot have their opinion discounted by the VA.

Hypertension: It has to show in service or presumptive during the first post service year.

The Kicker is this: in order for it ti be connected it nust be compensable.

Minimum is 160 systolic and 100 diastolic. Either or not both at the same time

Predominatly means the majority of the readings mmust be compensable.

So an average of several readings. The VA standard for HTN is different than the rest of the medical world. Per Dr Bash.

DD214: That is the first thing the VA looks at when a Veteran files a claim. The easiest out for the VA is to prove bad character of service. I wonder how much time the VA spends on looking for falsification items. Most DD214's are also on file at the state level. (State of entry into service) so why falsify a DD214.

Finally the by rule the VA is supposed to be non adversarial and the Attitude of rating officers are called on by law to respect the veteran.

Now asking the thousands of Veterans here how non adversarial was your claim??

I dont think the Employees of the RO would like to see that answer. I think it will male a poll topic.

J

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my question would be if you are a veteran and have a hysterctomy, would i be able to become service connected for it? or would it mean an smc claim? i ask because i might need one down the road!

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. Check your service medical records to she if you were treated for the current condition and then get a nexus letter from you doctor. This would be secondary to your service connected condition. Hope this helps.

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  • Founder

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. Check your service medical records to she if you were treated for the current condition and then get a nexus letter from you doctor. This would be secondary to your service connected condition. Hope this helps.

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."

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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. Check your service medical records to she if you were treated for the current condition and then get a nexus letter from you doctor. This would be secondary to your service connected condition. Hope this helps.

thanks for the info. i have had a history of cervical polyps. the first was removed before i enlisted. i believe the second was removed while i was on active duty and the third long after my discharge. current one has to be surgically removed. the hysterctomy still might be an option.

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I am truly gratified that a member of my posse (so to speak) is trailing me so closely to comment on my postings.

1. May I be so bold as to presume that someone has contacted you privately and corrected an error on you part? If not, here goes ...

WRT the Pond v West decision, I am not sure what relevance it has to the subject at hand, that is, an RVSR-with-medical-experience providing their own medical opinion. Nowhere does anyone state that the medical opinion was provided by the RVSR on the behalf of the same RVSR. In fact, if one were to read for content rather than what they wanted to see, it is more than apparent that the context refers to an RVSR providing their own medical opinion about a claim they were adjudicating .... Surely (sorry if your name isn't Shirley) you are not intimating than an RVSR may do that?

As for Pond being A very interesting read ... well, if you say so. However, I couldn't see any significant pee-pee whacking, and the Court did not disagree with many of the BVA's decisions. And, while a remand does keep the claim alive, Pond was a remand and not a reversal.

2. WRT the statement about hypertension It has to show in service or presumptive during the first post service year. The Kicker is this: in order for it ti be connected it nust be compensable.hypertension. For service connection on a direct basis based on diagnosis in service, the hypertension does not have to be at a compensable level; based on the OP's statements, it appears that S/C on a direct basis is warranted, with the level to yet be determined. What you wrote was for service connection on a presumptive basis ... but you knew that already, didn't you?

3. DD214: That is the first thing the VA looks at when a Veteran files a claim. The easiest out for the VA is to prove bad character of service. Well duh! You look for the easiest way to grant (or deny) a claim ... why go looking for zebras when a horse will do?

I wonder how much time the VA spends on looking for falsification items. Not a great deal, I don't believe. However, the attempt in question was so egregious and apparent that even that apprentice RVSR could see it.

Most DD214's are also on file at the state level. (State of entry into service) Immaterial, as the RO generally does not have access to state records. However, a PIES request may have the needed information.

so why falsify a DD214. To try to qualify for unearned benefits?

Pond V West: A Very interesting read, Circa 1999.

A claimant who posesses a license in the medical field cannot have their opinion discounted by the VA.

Hypertension: It has to show in service or presumptive during the first post service year.

The Kicker is this: in order for it ti be connected it nust be compensable.

Minimum is 160 systolic and 100 diastolic. Either or not both at the same time

Predominatly means the majority of the readings mmust be compensable.

So an average of several readings. The VA standard for HTN is different than the rest of the medical world. Per Dr Bash.

DD214: That is the first thing the VA looks at when a Veteran files a claim. The easiest out for the VA is to prove bad character of service. I wonder how much time the VA spends on looking for falsification items. Most DD214's are also on file at the state level. (State of entry into service) so why falsify a DD214.

Finally the by rule the VA is supposed to be non adversarial and the Attitude of rating officers are called on by law to respect the veteran.

Now asking the thousands of Veterans here how non adversarial was your claim??

I dont think the Employees of the RO would like to see that answer. I think it will male a poll topic.

J

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  • HadIt.com Elder

The rating schedule does not have a Zero percent or criteria so that sounds like it has to be compensable.

Pond was remended just as you say. it was remended because of the RO's discounting his own opinion. (Dr Pond)

He made his own opinion after he was involved in a MVA in service.

There is no posse following you.

When a veteran who is in need of assistance it is the responsibility of the senior members, Chief Petty Officer and above to offer unbiased objective opinions.

It is good to see the View point from the other side of the fence.

Also keep in mind that you are not the only VA person here. We have several. Hadit is also monitered by the VA on a regular basis..

Thank you for your contribution to this site.

J Basser

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