Question:
I currently receive 30% disability for total hysterectomy my uterus and right Fallopian tube along with my ovary was removed. Do you think I should I file for SMC-k
Jim's Reply:
The Schedule For Rating Disabilities seems to indicate that your rating may not be correct. This is hard to be sure of without looking through your record but some verbiage from The Schedule is below. Were I you, I'd file for SMC-k and as you proceed, do a careful review of all your current conditions to ensure a correct rating.
The following is taken from the VA website:
Gynecological Conditions and Disorders of the Breast
When evaluating any claim involving loss or loss of use of one or more creative organs or anatomical loss of one or both breasts, refer to §3.350 of this chapter to determine whether the veteran may be entitled to special monthly compensation. Footnotes in the schedule indicate conditions which potentially establish entitlement to special monthly compensation; however, almost any condition in this section might, under certain circumstances, establish entitlement to special monthly compensation.
- 7613 Uterus, disease, injury, or adhesions of.
- 7614 Fallopian tube, disease, injury, or adhesions of (including pelvic inflammatory disease (PID)).
- 7615 Ovary, disease, injury, or adhesions of.
- General Rating Formula for Disease, Injury, or Adhesions of Female Reproductive Organs (diagnostic codes 7610 through 7615):
- Symptoms not controlled by continuous treatment 30%
- Symptoms that require continuous treatment 10%
- Symptoms that do not require continuous treatment 0%
Note: For the purpose of VA disability evaluation, a disease, injury, or adhesions of the ovaries resulting in ovarian dysfunction affecting the menstrual cycle, such as dysmenorrhea and secondary amenorrhea, shall be rated under diagnostic code 7615
- 7617 Uterus and both ovaries, removal of, complete:For three months after removal 100% Thereafter 50%
- 7618 Uterus, removal of, including corpus:For three months after removal 100% Thereafter 30%
- 7619 Ovary, removal of: For three months after removal 100% thereafter:Complete removal of both ovaries 30%