The Board found that the case was referred to the Compensation and Pension Service Director for extraschedular consideration, but denied the claim as there is no remaining allegation of error of fact or law concerning the appeal.
The deciding factor: The Compensation and Pension Service Director determined that the Veteran's laryngeal hypersensitivity did not present an exceptional disability picture requiring an extraschedular rating due to its adequate compensation under the regular rating schedule.
- Claimed conditions
- laryngeal hypersensitivity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 11, 2014
- Citation
- 1426570
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 1426570.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded to the RO for consideration of an extraschedular evaluation for laryngeal hypersensitivity under 38 C.F.R. § 3.321(b)(1).
- Denied
The disability picture associated with the Veteran's laryngeal hypersensitivity does not more nearly approximate FEV-1 of 40- to 55-percent predicted, with Flow-Volume loop compatible with upper airway obstruction; or, symptoms of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia or other symptom combinations productive of severe impairment of health; or, severe esophageal stricture permitting liquids only.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development to determine the severity of his service-connected laryngeal hypersensitivity and any related pulmonary impairment.
- Granted
The Veteran's laryngeal hypersensitivity is manifested by episodes of gagging, shortness of breath, and vomiting which most nearly approximates moderate esophageal spasm. The disability is currently rated at 30 percent under Diagnostic Code 7204 for spasm of the esophagus.
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