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 assigned
- 60%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1139971.
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.
- 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.
- 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.
- 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.
- 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.
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.