Citation Nr: 18144373 Decision Date: 10/24/18 Archive Date: 10/24/18 DOCKET NO. 16-25 781 DATE: October 24, 2018 ORDER Entitlement to a disability rating in excess of 0 percent from July 5, 2012, for chronic laryngitis, to include as due to lymphadenitis as a residual of tonsillitis, is denied. Entitlement to a 10 percent disability rating from June 18, 2014, for chronic laryngitis, to include as due to lymphadenitis as a residual of tonsillitis, is granted, subject to the laws and regulations governing monetary awards. FINDINGS OF FACT 1. From July 5, 2012, there is no evidence of record to demonstrate that the Veteran’s chronic laryngitis, to include as due to lymphadenitis as a residual of tonsillitis, had symptoms that would warrant a compensable rating. 2. As of June 18, 2014, the evidence of record indicates that the Veteran’s chronic laryngitis, to include as due to lymphadenitis as a residual of tonsillitis, has been characterized as hoarseness with inflammation of the cords or mucus membrane. CONCLUSIONS OF LAW 1. From July 5, 2012, the criteria for service connection for chronic laryngitis, to include as due to lymphadenitis as a residual of tonsillitis were not met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 4.97; Diagnostic Code 6516. 2. As of June 18, 2014, the criteria for service connection for chronic laryngitis, to include as due to lymphadenitis as a residual of tonsillitis were met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 4.97; Diagnostic Code 6516. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2013, Rating Decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Lincoln, Nebraska. The Veteran served multiple periods of active duty service: from February 28, 2000, to June 15, 2000; from June 10, 2002, to July 19, 2002; from July 22, 2002, to July 26, 2002; from July 29, 2002, to August 2, 2002; from August 5, 2002, to August 9, 2002; from August 12, 2002, to September 30, 2002; from October 1, 2002, to March 28, 2003; from March 31, 2003, to July 16, 2003; from July 17, 2003, to August 28, 2003; from July 12, 2004, to March 31, 2005; from December 1, 2007, to November 30, 2010; from December 3, 2012, to April 30, 2013; from August 3, 2015, to November 29, 2015; and from February 16, 2016, to October 31, 2016. Currently in the Veteran’s claims file is a waiver outlining that the Veteran is unable to receive concurrently active or inactive duty training pay and VA disability compensation. The waiver was signed by the Veteran on May 31, 2017, indicating that she was electing to waive her VA disability compensation while receiving active or inactive duty training pay. The Veteran filed for service connection for her chronic laryngitis on July 5, 2012. Although assigned a 0 percent disability rating, that rating was discontinued on December 3, 2012, a date on which the Veteran re-entered active duty service, as no waiver previously was obtained. The Veteran finished that period of active duty service on April 30, 2013, and her 0 percent disability rating was resumed on May 1, 2013. In November 2016, an in-person Board hearing was conducted at the RO in San Antonio, Texas. A transcript of this hearing is contained within the electronic claims file. The Veteran contends that her throat disorder deserves a compensable rating because she continues to suffer from hoarseness with inflammation of her vocal cords and mucus membrane. The Veteran asserts that she has not had a voice for several months, which caused her to leave her then-current job as a sexual assault prevention instructor. At the hearing, the undersigned Veterans Law Judge ensured that the Veteran currently is employed and that the Veteran was not seeking compensation for total disability based on individual unemployability. Diagnostic Code 6516 is assignable for chronic laryngitis. In order to receive a 10 percent disability rating under Diagnostic Code 6516, a veteran must have evidence of hoarseness with inflammation of the cords or mucus membrane. In order to receive a 30 percent disability rating—the highest disability rating for this disorder—a veteran’s symptoms must include hoarseness with thickening or nodules of cords, polyps, submucous infiltration, or pre-malignant changes on biopsy. 38 C.F.R. § 4.97; Diagnostic Code 6516. 1. Entitlement to a disability rating in excess of 0 percent from July 5, 2012, for chronic laryngitis, to include as due to lymphadenitis as a residual of tonsillitis, is denied. In this case, a review of the Veteran’s Service Treatment Records (STRs) indicate that she was diagnosed with lymphadenitis in January 2004. From January 2010 to June 2013, the Veteran underwent regular care at a VA Medical Center (VAMC). Those records mention neither any hoarseness in the Veteran’s voice nor any inflammation of the Veteran’s cords or mucus membrane. In September 2013, the Veteran underwent a VA examination when she filed for service connection. That examination confirmed the Veteran’s earlier diagnosis. The examination, however, revealed no pertinent physical findings, complications, conditions, signs and/or symptoms associated with the Veteran’s lymphadenitis, and the examiner noted that, at the time, the Veteran’s condition did not functionally impact her ability to work. Because there is no evidence of record from July 5, 2012, to indicate that the Veteran was experiencing hoarseness in her voice and inflammation of her cords or mucus membrane, entitlement to a disability rating in excess of 0 percent, from that date is not warranted. See 38 C.F.R. § 4.97; Diagnostic Code 6516. 2. Entitlement to a 10 percent disability rating from June 18, 2014, for chronic laryngitis, to include as due to lymphadenitis as a residual of tonsillitis, is granted. In November 2016, the VA received VAMC records dated from March 2014 to August 2014. In relevant part, those records show that, as early as June 18, 2014, the Veteran has experienced hoarseness of voice with bilateral TVF swellings, left greater than right, resulting in posterior and hourglass glottic closure, asymmetric vibrations, mostly periodic but aperiodic at the end of phonation and thick secretions on cords. The Board is satisfied that the above-recounted symptoms documented on June 18, 2014, satisfy the rating criteria under Diagnostic Code 6516 for a 10 percent disability rating. See 38 C.F.R. § 4.97; Diagnostic Code 6516. At no time do any of the Veteran’s medical records indicate that she was experiencing hoarseness with thickening or nodules of cords, polyps, submucous infiltration, or pre-malignant changes on biopsy. Unless and until the Veteran exhibits these symptoms, a disability rating of 30 percent is not warranted. CONCLUSION In sum, from July 5, 2012, the Board finds that the preponderance of the evidence is against the Veteran’s claim for a disability rating in excess of 0 percent for her chronic laryngitis, to include as due to lymphadenitis as a residual of tonsillitis. On that issue, the Board is unable to find an approximate balance of the positive and negative evidence submitted to otherwise warrant for the Veteran a favorable decision. See 38 U.S.C. § 5107(b); Gilbert, 1 Vet. App. at 53; 38 C.F.R. §§ 3.303(a), 4.97; Diagnostic Code 6516. From June 18, 2014, however, a preponderance of the evidence weighs in favor of grating the Veteran a 10 percent disability rating for her chronic laryngitis, to include as due to lymphadenitis as a residual of tonsillitis. See 38 U.S.C. § 5107(b); Gilbert, 1 Vet. App. at 53; 38 C.F.R. §§ 3.303(a), 4.97; Diagnostic Code 6516. JONATHAN B. KRAMER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Trevor T. Bernard, Associate Counsel