Uterine Fibroids/Hysterectomy Post Service

[vee330]

Medically discharged in Jan/2002.  Received 0% for uterine fibroids but granted service connnected.  One year later (2003) had to have a total abdominal hysterectomy and was not aware that I could receive compensation for.  I applied for compensation Dec 2016.  What is the possibility of being granted service connnection secondary to uterine fibroids for the hysterectomy?  In addition, the possibility of back pay for the hysterectomy?

 

Thank you

[broncovet]

Chances are good for compensation if you meet the criteria, and we dont know if you do or not as we have not read your records.  Your records need to have:

1.  A current diagnosis of the hysterectomy.  Documentation documentation documentation.  

2.  A nexus.  You need a doctor to say that your hysterectomy was "at least as likely as not" due to uterine fibroids from service.  For secondary conditions, you dont need the third leg of the caluza triangle "in service event or aggravation" because you already met that with your service connected fibroids.  

You can order your cfile and see if a doctor said that in his report.  If not, you will likely need to get the above nexus before you are service connected.  

As far as "back pay for the hysterectomy", that is unlikely.  The effective date is the later of the date you applied or the facts found.  If you did not apply until 2016, then the VA wont give you compensation back to 2013.  

All this said, there are things like doctors appointments being informal claim dates.  BUT, you have to meet the criteria there also.  Your claim has to be IN WRITING, you have to "show intent" to apply for one or more benefits, and you must specify the benefit sought.  

So, to get back pay you would need to document that you "showed intent" to apply for benefits back when you got your hysterectomy.  You see, the VA will allege you were not seeking benefits, you were seeking treatment when you went to the doc UNLESS there is documentation you were seeking benefits in your file.  

Order your cfile, read it, and you can answer these questions, we can not without reading your file.  

Edited January 8, 2017 by broncovet

[AJones]

Hi Vee,

          Yes you will be compensated. I discovered I had fibroids 10 months after I retired and had this confirmed by 3 different Drs, and the VA. 3 years later I had a hysterectomy.VA didnt service connect. Their reasoning was "Since the growth of fibroids varies widely, The notion that fibroids  developed while on active duty cannot be absolutely determined"

           I flipped it right back on them saying "Exactly, the growth rate does vary widely, it must be assumed that based on the size they are now -Grapefruit- that they may have been the size of a pea those last months when I was in uniform". I pointed out that there is no test to determine if a woman has fibroids in those early stages and that perhaps 1 should be designed to catch the condition and treat it quickly. We have mammograms and PSA's  at certain ages, Why not a Fibroid screen?  I also included a policy on tumors related to the Korean War. In my appeal I included that policy and said "I know this policy was not written with Women in mind" The policy addresses the development of Tumors and the fact that these growths will Always be service connected. Fibroids are Tumors.

           I was rated 100 on my appeal for 6 months from the hysterectomy due to the fibroids then dropped to 30 because I still have my tubes. I also receive SMC - Special Monthly Compensation- for loss of a creative organ. You'll Prevail Sister

Edited January 11, 2017 by AJones
spelling

[MisleyGuam]

Hello,

Would like to know if a hysterectomy can be a secondary condition to hypertension/migraine headaches and how can I file this? I'm due to get a total hysterectomy at Tripler Army Hospital at the end of this month. I had normal pap smears while on active duty but do have a history of hypertension and migraine headaches (which I'm services-connected currently for both). I had problems with heavy bleeding and fibroids in the last 4 yrs., post service. Since I can't file for a total hysterectomy directly, there has to be a way to file it as secondary service connection, I just needed guidance on how to do this.

Your assistance and advice is greatly appreciated!

[broncovet]

MisleyGuam

   Please ask your question in a new topic, you will get more answers if you do.  

[KMild]

Hi AJones, can you provide a link or a title to that Korean War tumors study you cited in your post about fibroids/hysterectomy? Thank you! 

[LLee]

On 6/19/2019 at 8:54 AM, KMild said:

Hi AJones, can you provide a link or a title to that Korean War tumors study you cited in your post about fibroids/hysterectomy? Thank you!