VA Disability Ratings for Thyroid Conditions
CCK Law: Our Vital Role in Veterans Law
According to a study published by the Department of Veterans Affairs (VA), incidence rates of thyroid cancer have nearly doubled among U.S. veterans within the last two decades. In other words, it is becoming unfortunately common for veterans to develop thyroid conditions, with VA even recognizing hypothyroidism as a presumptive condition for burn pit exposure in the Middle East.
If you are a veteran suffering from a thyroid condition, you may be entitled to disability compensation from VA. This article will help guide you through VA’s disability claims process so you can gain a better chance of earning the benefits you deserve. Key points include:
- Depending on the thyroid condition a veteran has, they could earn VA disability ratings ranging from 0 to 100 percent. Some thyroid conditions veterans can earn compensation for include hyperthyroidism, thyroiditis, and toxic thyroid enlargement.
- One of the first steps a veteran should take to earn their thyroid VA rating is to obtain a medical diagnosis for the specific thyroid condition they suffer from. Once their condition is identified and diagnosed, they can begin gathering evidence to establish service connection to VA.
- To establish service connection, veterans will need evidence of an in-service event as well as a medical nexus opinion, though veterans who qualify for VA presumptions may be exempt from needing to present these pieces of evidence.
What Is the Thyroid? What Does It Do?
The thyroid is a small, butterfly-shaped gland in the front of the neck located under the Adam’s Apple and is part of the endocrine system. This gland releases hormones that control metabolism and affects the way the body uses energy. Thyroid hormones regulate many other vital body functions as well, including breathing, heart rate, body weight, body temperature, muscle strength, menstrual cycles, and more.
How Does VA Rate Thyroid Conditions?
VA rates thyroid conditions under 38 CFR §4.119 – Schedule of Ratings, Endocrine System. Under this ratings schedule, there are various diagnostic codes (DC) that VA uses to rate the multiple different conditions that can affect the thyroid, including DC 7900 (hyperthyroidism), DC 7901 (toxic thyroid enlargement), and DC 7906 (thyroiditis). Typically, these ratings are based on symptom severity or response to treatment, with higher ratings being reserved for more serious disabilities.
DC 7900 Hyperthyroidism including Grave’s Disease
Hyperthyroidism, also called an overactive thyroid, is a common condition in which the thyroid gland produces excess thyroid hormones. Symptoms of hyperthyroidism can include:
- Fatigue
- Muscle weakness
- Heat intolerance
- Trouble sleeping
- Irregular heartbeat
- Weight loss
- Eye swelling
Upon an initial diagnosis of hyperthyroidism, VA assigns veterans a 30 percent disability rating for a period of six months. After six months, veterans are reevaluated and rated based on the residual symptoms of the disease or complications of medical treatment. VA uses diagnostic codes from the affected body system to rate residuals or complications.
Chemicals such as PBDs, or polybrominated diphenyl ethers, can cause hyperthyroidism. These chemicals are used in substances like flame retardants and pesticides. Therefore, veterans who were exposed to these chemicals during their service may be entitled to service connection for their hyperthyroidism.
DC 7901 Toxic Thyroid Enlargement
Toxic thyroid enlargement, also known as goiter, is a condition where the thyroid gland becomes enlarged and produces too many hormones. This condition is rated using the same criteria as hyperthyroidism. If the enlarged gland causes disfigurement of the neck, it is rated under DC 7800.
DC 7902 Nontoxic Thyroid Enlargement
Nontoxic thyroid enlargement is another condition involving an enlarged thyroid gland. However, this condition does not cause the thyroid to produce any additional or fewer hormones.
Veterans can only be rated for nontoxic thyroid enlargement if the pressure of the enlarged gland pushes on separate organs or body systems, causing additional problems. In this case, the symptoms are rated under the diagnostic code for the organ or system that is affected.
For example, if a veteran’s enlarged thyroid presses on their esophagus and makes it difficult to swallow, their condition can be rated under DC 7203 for stricture of the esophagus. The rating principle for disfigurement mentioned in toxic thyroid enlargement applies here as well.
DC 7903 Hypothyroidism
Hypothyroidism, also known as an underactive thyroid, is a condition in which the thyroid gland does not produce sufficient thyroid hormone. Symptoms of this condition can include fatigue, cold intolerance, depression, hair loss, and more. The rating criteria for hypothyroidism are as follows:
- 100 percent – Hypothyroidism manifesting as myxedema (cold intolerance, muscular weakness, cardiovascular involvement (including, but not limited to hypotension, bradycardia, and pericardial effusion), and mental disturbance (including, but not limited to dementia, slowing of thought and depression))
- 30 percent – Hypothyroidism without myxedema
Myxedema is a severely advanced form of hypothyroidism and can be life-threatening. Veterans who develop myxedema are assigned a 100 percent disability rating while the disease is active and for the first six months following the condition’s stabilization.
Veterans with hypothyroidism who do not develop myxedema are assigned a rating of 30 percent for the first six months following diagnosis. Similar to hyperthyroidism, ratings beyond the six-month period are based on residual symptoms or complications of treatment.
In 2021, the NDAA, or National Defense Authorization Act, added hyperthyroidism to the list of presumptive conditions caused by Agent Orange exposure. Essentially, this means that veterans do not have to prove that their hypothyroidism was related to service, only that they were exposed to Agent Orange during their service. The addition of hyperthyroidism to the list should make it easier for veterans who were exposed to Agent Orange to secure benefits for their hypothyroidism.
DC 7906 Thyroiditis
Thyroiditis is inflammation of the thyroid gland. This condition may not produce any symptoms but can lead to the development of hyperthyroidism or hypothyroidism. According to VA’s Schedule for Rating Disabilities, if the condition presents no symptoms, veterans are assigned a VA rating of 0 percent. If this condition results in hypothyroidism or hyperthyroidism, VA will evaluate the condition as such.
DC 7914 Malignant Neoplasm of the Endocrine System
Veterans with thyroid cancer are automatically rated at 100 percent while their cancer is active. Following successful treatment, this rating will remain in effect for six months. Once this six-month period has passed, veterans are rated on residual symptoms.
Can Chemical Exposure Cause Thyroid Conditions in Veterans?
Yes, exposure to chemicals, such as Agent Orange, can cause thyroid conditions to develop. Specifically, there has been high prevalence of Agent Orange exposure among thyroid cancer patients in the National VA Health Care System and in 2021, hypothyroidism was added to the list of presumptive conditions for veterans exposed to Agent Orange.
As such, veterans who have been exposed to Agent Orange and developed certain thyroid conditions may be eligible for VA disability benefits. Those who may qualify for presumptive service connection should only need to provide evidence that they were exposed to Agent Orange. If the veteran served in one of the following locations or time periods, VA concedes exposure:
- The Republic of Vietnam from January 9, 1962, to May 7, 1975 (including Brown Water and Blue Water Navy veterans)
- Thailand, at any US or Thai base from January 9, 1962, to June 30, 1976, without regard to the Veteran’s MOS or where on base they were located
- Laos from December 1, 1965, to September 30, 1969
- Cambodia, specifically at Mimot or Krek, Kampong Cham Province, from April 16, 1969, to April 30, 1969
- Guam or American Samoa, or in the territorial waters thereof, from January 9, 1962, to July 30, 1980
- Johnson Atoll or a ship that called at Johnston Atoll from January 1, 1972, to September 30, 1977
- On or near the Korean demilitarized zone (DMZ) between September 1, 1967, and August 31, 1971
- Active duty and reservist personnel who had regular contact with C-123 aircraft between 1969 and 1986
Veterans exposed to military burn pits who later develop a thyroid condition may also qualify for VA disability compensation based on their exposure. CCK has years of experience representing veterans exposed to burn pits.
How Do I Establish Service Connection for Thyroid Conditions?
To be awarded direct service connection for a thyroid condition, a veteran needs to provide evidence that their thyroid condition was either caused or aggravated by their military service. This means the veteran will need to provide three key pieces of evidence to VA:
- A diagnosis of a thyroid condition;
- An in-service event, injury, or illness that may have caused their thyroid condition to develop; and
- A medical nexus which links the condition to the in-service occurrence.
Veterans may use VA Form 21-526EZ to file a claim for their thyroid condition.
Secondary Service Connection for Thyroid Conditions
Another way veterans may be eligible for VA disability benefits for their thyroid condition is through secondary service connection. A secondary service-connected condition is one that has developed as a result of an already service-connected condition. For example:
- Say a veteran experiences a traumatic event during their service, one that affects their mental health and eventually causes them to develop PTSD. VA recognizes their PTSD as service connected and grants the veteran disability compensation for it.
- To help treat the veteran, their private doctor prescribes them medication in order to mitigate their symptoms. However, after years of taking this medication, the veteran eventually develops hyperthyroidism as a side effect of the drug.
- In this situation, the veteran may be able to pursue a disability claim for hyperthyroidism secondary to PTSD. This is because the veteran’s PTSD (an already service-connected condition) is the root cause for their hyperthyroidism, since treatment for the PTSD caused the hyperthyroidism to develop.
- If the veteran’s claim is successful, they could earn a VA rating for hyperthyroidism, as well as compensation.
