The Veteran's claim for an increased disability evaluation for aphonia resulting from laryngeal cancer was denied by the Board, as the schedular criteria are inadequate and there are no exceptional factors such as marked interference with employment.
The deciding factor: The Veteran's disability does not meet the schedular criteria for a rating in excess of 60 percent under Diagnostic Code 6519 due to his constant inability to communicate by speech. The Veteran is currently rated at 30 percent for restrictive lung disease, and no additional benefits are warranted under 38 C.F.R. § 3.350(a).
- Claimed conditions
- laryngeal cancer, aphonia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 27, 2011
- Citation
- 1139971
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. Read the original VA decision (opens in a new tab) using citation 1139971.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's diabetes mellitus type II has been granted an increased rating of 40 percent, but no higher, for diabetic peripheral neuropathy affecting the left lower extremity.,The Veteran's diabetes mellitus type II has also been granted an increased rating of 40 percent, but no higher, for diabetic peripheral neuropathy affecting the right lower extremity.
- Whole decision: Granted
The Veteran's service connection claims for coronary artery disease, diabetes mellitus type II, and laryngeal cancer are granted due to presumed exposure to herbicide agents during his military service.
- Whole decision: Dismissed
The appeal for service connection for cause of death due to laryngeal cancer is dismissed as moot. The appeal for hypertension secondary to salivary gland injury is denied. Service connection for hypertension is granted based on the PACT Act presumption of herbicide exposure.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to inadequate medical opinion regarding the Veteran's laryngeal cancer and its connection to service, specifically Agent Orange exposure.
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