MOUTH INJURIES OF

Summary

The Veteran, a U.S. Navy Veteran who served from January 1978 to December 1980 and July 1981 to August 1998, appealed the denial of a compensable rating for residuals of excision of laryngeal polyps. The Veteran contended that the severity of his condition warranted a higher rating. The Board reviewed the evidence, including a May 2021 VA examination and correspondence from the Veteran's attorney. The VA examination revealed no current symptoms from polyps, no chronic laryngitis, no laryngeal stenosis, no vocal cord paralysis, and no speech impairment. The Veteran reported using throat lozenges as needed. The Board also considered relevant diagnostic codes, including 6599-6516 for hoarseness and thickening of the cords, and codes 6519 and 6521 for inability to communicate by speech or pharyngeal/laryngeal conditions with speech impairment. However, the Board found no evidence supporting these criteria. The Board concluded that the evidence persuasively demonstrated that a compensable rating was not warranted, as the Veteran's condition did not meet the criteria for hoarseness, thickening of cords, polyps, or any other significant laryngeal or pharyngeal impairment. Therefore, the claim for a compensable rating for residuals of excision of laryngeal polyps was denied.

Rationale

No evidence of hoarseness, inflammation, thickening, nodules, polyps, submucous infiltration, or pre-malignant changes.; No evidence of stricture, obstruction, or paralysis with speech impairment.; Veteran denied current symptoms from polyps during VA exam.

Full Decision Text

Citation Nr: A26037806
Decision Date: 04/22/26	Archive Date: 04/22/26

DOCKET NO. 210921-187333
DATE: April 22, 2026

ORDER

Entitlement to a compensable rating for excision of laryngeal polyps is denied.

FINDING OF FACT

The Veteran's residuals of excision of laryngeal polyps have not manifested in hoarseness, with inflammation of cords or mucous membrane, thickening or nodules of cores, polyps, submucous infiltration, or pre-malignant changes on biopsy; or stricture or obstruction of the pharynx or nasopharynx; absence of the soft palate secondary to trauma, chemical burn, or granulomatous disease; or paralysis of the soft palate with difficulty swallowing and speech impairment.

CONCLUSION OF LAW

The criteria for entitlement to a compensable rating for excision of laryngeal polyps have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.97, Diagnostic Codes 6599-6516.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service with the U.S. Navy from January 1978 to December 1980 and from July 1981 to August 1998.

This case comes before the Board of Veterans' Appeals (Board) on appeal from a June 2021 rating decision of a Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). 

In September 2021, the Veteran filed a notice of disagreement (NOD) and selected the hearing docket. 38 C.F.R. § 20.202.  Under the hearing docket, the Board considers the evidence of record at the time of the decision on appeal, evidence submitted at a Board hearing, and evidence submitted by the Veteran in the 90 day period following the hearing. 38 C.F.R. § 20.302. 

A hearing was scheduled for April 2025; however, the Veteran withdraw his hearing request. Despite electing to not participate in an actual hearing, the matter remains in the hearing docket framework; the 90 day period begins the date of the withdrawal request. 38 C.F.R. § 20.302(b). Evidence was not submitted during the 90-day period following the hearing to submit new evidence. 

The Board has considered whether a claim for total disability based on individual unemployability due to service-connected disability (TDIU) has been raised pursuant to Rice v. Shinseki, 22 Vet. App. 447 (2009). The Board finds the Veteran has not alleged, and the record does not suggest, that he is unable to secure or follow a substantially gainful occupation as a result of his service-connected disability. As such, a claim for a TDIU is not raised.

Disability evaluations are determined by the application of the Schedule for Rating Disabilities, which assigns ratings based on the average impairment of earning capacity resulting from a service-connected disability. 38 U.S.C. § 1155; 38 C.F.R. Part 4. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. After careful consideration of the evidence, any reasonable doubt remaining is resolved in favor of the Veteran. 38 C.F.R. § 4.3. Pertinent regulations do not require that all cases show all findings specified by the Rating Schedule, but that findings sufficiently characteristic to identify the disease and the resulting disability and, above all, coordination of rating with impairment of function will be expected in all cases. 38 C.F.R. § 4.21. 

In order to evaluate the level of disability and any changes in condition, it is necessary to consider the complete medical history of the Veteran's condition. Schafrath v. Derwinski, 1 Vet. App. 589, 594 (1991). Separate evaluations may be assigned for separate periods of time based on the facts found. In other words, the evaluations may be staged. Staged ratings are appropriate for any rating claim when the factual findings show distinct time periods during the appeal period where the service-connected disability exhibits symptoms that would warrant different ratings. Fenderson v. West, 12 Vet. App. 119 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). 

The Veteran contends that the severity of his residuals of excision of laryngeal polyps disability warrants a compensable rating.

The
. Schafrath v. Derwinski, 1 Vet. App. 589, 594 (1991). Separate evaluations may be assigned for separate periods of time based on the facts found. In other words, the evaluations may be staged. Staged ratings are appropriate for any rating claim when the factual findings show distinct time periods during the appeal period where the service-connected disability exhibits symptoms that would warrant different ratings. Fenderson v. West, 12 Vet. App. 119 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). 

The Veteran contends that the severity of his residuals of excision of laryngeal polyps disability warrants a compensable rating.

The disability is currently rated as noncompensable under Diagnostic Codes (Codes) 6599-6516. Hyphenated diagnostic codes are used when a rating under one diagnostic code requires use of an additional diagnostic code to identify the basis for the evaluation assigned. 38 C.F.R. § 4.27.

Under Diagnostic Code (Code) 6516, a 10 percent rating is assigned for hoarseness, with inflammation of the cords or mucous membranes. A maximum 30 percent rating is assigned when there is hoarseness, with thickening or nodules of cords, polyps, submucous infiltration, or pre-malignant changes on biopsy. 

The Board has also considered alternative Codes. Under Diagnostic Code 6519, a 60 percent rating is warranted for the constant inability to speak above a whisper. A 100 percent rating is warranted for the constant inability to communicate by speech. 

Under Diagnostic Code 6521, a 50 percent rating is warranted for stricture or obstruction of pharynx or nasopharynx, or absence of soft palate secondary to trauma, chemical burn, or granulomatous disease, or paralysis of soft palate with swallowing difficulty (nasal regurgitation) and speech impairment. Id. 

Where, as here, the Rating Schedule does not provide a 0 percent or noncompensable rating for a particular diagnostic code, such a rating is to be assigned when the requirements for a compensable rating are not met. 38 C.F.R. § 4.31.

In May 2021, the Veteran was afforded a VA sinusitis/rhinitis examination. The Veteran denied any current symptoms from polyps. The Veteran currently treated his disability with throat lozenges as needed. The Veteran did not have chronic laryngitis. The Veteran did not have laryngeal stenosis, including residuals of laryngeal trauma. The Veteran did not have complete or incomplete organic aphonia. He did not have permanent tracheostomy.  The Veteran did not have an injury to the pharynx. The Veteran did not have vocal cord paralysis or any other pharyngeal or laryngeal condition. There were no other pertinent physical findings, complications, conditions, signs, or symptoms related to his condition. The Veteran did not have loss of part of the nose, scars of the nose exposing both nasal passages, scars causing loss of part of the ala, or scars causing any other disfigurement. The examiner opined that the Veteran's disability did not impact his ability to work.

In a March 2025 correspondence, the Veteran's attorney withdrew their Board hearing request. She indicated that additional evidence would be submitted within 90 days of the schedule April 14, 2025, hearing. However, the Board notes that no additional evidence was submitted during the 90-day period following the hearing to submit new evidence.

The Board finds that the evidence persuasively demonstrates that a compensable rating for the Veteran's residuals of excision of laryngeal polyps disability is not warranted. There is no evidence of hoarseness, with inflammation of the cords or mucous membranes, thickening or nodules of cords, polyps, submucous infiltration, or pre-malignant changes on biopsy. Also, there is no evidence of stricture or obstruction of pharynx or nasopharynx, or absence of soft palate secondary to trauma, chemical burn, or granulomatous disease, or paralysis of soft palate with swallowing difficulty (nasal regurgitation) and speech impairment. During the May 2021 VA examination, the Veteran denied any current symptoms from polyps. He reported that he treated his disability with throat lozenges as needed. There is no evidence that he had soft palate paralysis or speech impairment. Therefore, a compensable rating for residuals of excision of laryngeal polyps is not warranted. 

Based on this, the Veteran's residuals of excision of laryngeal polyps symptoms do not warrant a compensable rating under Codes 6599-6516. Therefore, the claim is denied
 absence of soft palate secondary to trauma, chemical burn, or granulomatous disease, or paralysis of soft palate with swallowing difficulty (nasal regurgitation) and speech impairment. During the May 2021 VA examination, the Veteran denied any current symptoms from polyps. He reported that he treated his disability with throat lozenges as needed. There is no evidence that he had soft palate paralysis or speech impairment. Therefore, a compensable rating for residuals of excision of laryngeal polyps is not warranted. 

Based on this, the Veteran's residuals of excision of laryngeal polyps symptoms do not warrant a compensable rating under Codes 6599-6516. Therefore, the claim is denied. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.97, Diagnostic Codes 6599-6516.

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Baxter, Sikenah

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.