The veteran's vocal cord paralysis and episodes of shortness of breath are not considered to be caused by VA medical treatment, thus denying compensation under 38 U.S.C.A. § 1151.
The deciding factor: The VA physician concluded that the residual right true vocal cord paralysis was a result of the normal surgical necessity for removal of a large thyroid gland and not due to any carelessness, negligence, lack of proper skill or error in judgment by VA personnel during the July 2, 1992 surgery.
- Claimed conditions
- vocal cord paralysis, episodes of shortness of breath
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 2, 2007
- Citation
- 0713038
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0713038.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims of service connection for adult-onset Still's disease, vocal cord paralysis, scars, anterior neck, left knee arthritis, and right knee arthritis due to a pre-decisional duty to assist error. The Veteran is presumed to have had these conditions during his military service.
- Partly granted
The Board denied a compensable rating for papillary thyroid carcinoma and nasopharyngeal carcinoma, but granted service connection for vocal cord paralysis and odynophagia as additional residual disabilities due to the service-connected nasopharyngeal carcinoma.
- Remanded (sent back)
The appeal is remanded to obtain the original signed consent document for a neck surgery in March 2022. The veteran claims VA negligence caused vocal cord paralysis and dysphonia.
- Dismissed
The Veteran's appeal for compensation under 38 U.S.C. § 1151 for vocal cord paralysis status post thyroidectomy has been dismissed due to her death.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.