Citation Nr: 18158691
Decision Date: 12/17/18	Archive Date: 12/17/18

DOCKET NO. 15-46 063
DATE:	December 17, 2018
ORDER
Entitlement to a 50 percent evaluation, but no more, for status post hysterectomy is granted.
FINDING OF FACT
The evidence of record shows the Veteran has complete removal of uterus and both ovaries.
CONCLUSION OF LAW
The criteria for entitlement to an evaluation of 50 percent, but not in excess thereof, for the complete removal of both ovaries and the uterus, have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.116, Diagnostic Code 7618, 7617.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from January 1973 to November 1973.
This matter is on appeal from an December 2013 rating decision for status post hysterectomy currently evaluated at 30 percent disabling. No hearing was requested.
The Board notes that in the Veteran’s submitted November 2018 Appellate Brief, the representative begins with an argument that the Veteran’s current disability rating for hysterectomy should be increased, but ultimately, tries to make a claim for service-connection for urinary incontinence as secondary to her service-connected hysterectomy. 
The Veteran’s claim for urinary incontinence was denied in July 2012, and a review of the claims folder does not show any evidence or documents submitted during its appeal period. As such, that decision is final, and Board currently does not have jurisdiction to adjudicate that claim; the Veteran must submit a new claim subject to new and material evidence requirement to reopen adjudication of this issue. The Veteran and her representative are free to file a new claim with the AOJ if they wish to do so.
Increased Rating
Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities, and are intended to represent the average impairment of earning capacity resulting from disability. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Disabilities must be reviewed in relation to their history. 38 C.F.R. § 4.1. Other applicable, general policy considerations are: interpreting reports of examination in light of the whole recorded history, reconciling the various reports into a consistent picture so that the current rating may accurately reflect the elements of disability, 38 C.F.R. § 4.2; resolving any reasonable doubt regarding the degree of disability in favor of the claimant, 38 C.F.R. § 4.3; where there is a question as to which of two evaluations apply, assigning the higher of the two where the disability picture more nearly approximates the criteria for the next higher rating, 38 C.F.R. § 4.7; and, evaluating functional impairment on the basis of lack of usefulness and the effects of the disability upon the person’s ordinary activity, 38 C.F.R. § 4.10. See Schafrath v. Derwinski, 1 Vet. App. 589 (1991).
The Veteran is currently in receipt of a 30 percent disability rating for her hysterectomy with right salpingo-oophorectomy pursuant to 38 C.F.R. § 4.116, Diagnostic Code 7618. Diagnostic Code 7618 provides for a total disability rating for the first three months following the removal of the uterus, and for a 30 percent disability rating thereafter. As relevant to this case, 38 C.F.R. § 4.116, Diagnostic Code 7617 provides for a total disability rating for the first three months following the removal of the uterus and both ovaries, and for a 50 percent rating thereafter. A 50 percent rating is the highest rating available for this disability. 
The Board also notes that the Veteran is in receipt of special monthly compensation for the anatomical loss of a creative organ. 38 U.S.C. § 1114 (k); 38 C.F.R. § 3.350 (a).
The record reflects that the Veteran underwent surgery to remove both fallopian tubes, her uterus, and right ovary in August 1976. A January 2011 Rating decision established service connection for status post total hysterectomy as directly related to service, and assigned an evaluation of 30 percent.
The Veteran was afforded a June 2013 VA examination for gynecological conditions. The VA examiner notes the Veteran had surgery for total abdominal hysterectomy, and right oophorectomy. A December 2013 rating decision denied an increased rating for status post total hysterectomy, citing no evidence of record indicates an increased rating is warranted. In the Veteran’s submitted December 2013 and May 2014 NOD, the Veteran contends that her remaining left ovary was removed shortly after her initial surgery to remove the right ovary.
In a November 2014 VAMC medical report, an ultrasound of the Veteran’s pelvis for transabdominal and transvaginal imaging was made. The examiner reported the Uterus and ovaries were not visualized in the examination. In a June 2015 VAMC Primary Care General note, the examiner reported in PAP Screening that the veteran had undergone:
“Hysterectomy 1978 for fibroids and heavy bleeding, then left oophorectomy [ovary removal] because of ? mass. Then right ovary removed.”
As such, the Board finds that evidence establishes the Veteran has had a complete removal of the uterus and both ovaries; therefore, a disability rating of 50 for status post hysterectomy is warranted under Diagnostic Code 7617. The Board notes that 50 percent is the maximum schedular rating under this Diagnostic code.
 
MICHAEL LANE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Yang, Law Clerk