VA Disability Ratings for Thyroid Conditions

CCK Law: Our Vital Role in Veterans Law

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.

VA Ratings for Thyroid Conditions

Conditions of the thyroid are rated under 38 CFR §4.119.

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 as hyperthyroidism.  If the enlarged gland causes disfigurement of the neck, this is rated under DC 7800.

DC 7902 Nontoxic Thyroid Enlargement

Nontoxic thyroid enlargement is also an enlarged thyroid gland but does not cause the thyroid to produce any additional or fewer hormones.  Veterans can only be rated for this condition if the pressure of the enlarged gland pushes on organs or body systems, causing additional problems.  For example, if this enlargement presses on the esophagus making it difficult to swallow, it 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
• Weight gain
• Cold intolerance
• Puffy face
• Constipation
• Dry skin
• Hair loss
• Heavy or irregular menstrual cycles
• Depression
• Slowed heart rate

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.

The 2021 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.

The Relationship between Chemical Exposure and Thyroid Conditions

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 recently, 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:

• Boots-on-the-ground in Vietnam, veterans with service aboard a ship that operated in the inland waterways of Vietnam (i.e., Brown Water veterans), or veterans with service aboard a ship in Vietnam’s territorial seas (i.e., Blue Water Navy veterans) between January 9, 1962 and May 7, 1975
• 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.

Establishing Service Connection for Thyroid Conditions

To be awarded service connection for a thyroid condition, the veteran will need to provide evidence that the veteran’s thyroid condition was either caused or aggravated by the veteran’s service.  Likely this means the veteran will need to have evidence of a diagnosis; an in-service event, injury, or illness; 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.  Another way veterans may be eligible for VA disability benefits for their thyroid condition is through secondary service connection.  Secondary service connection allows veterans to receive benefits for conditions which have resulted from an already service-connected condition.  An example of this for a thyroid condition could be if a veteran’s medication for a mental health condition such as PTSD causes the veteran to develop hyperthyroidism.

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Getting Help with Claims for Thyroid Conditions

If you need help with your appeal for a condition, such as hyperthyroidism or hypothyroidism, you may want to seek the help of an accredited representative.  Accredited agents or attorneys are recognized by VA as being qualified to argue cases before VA.

The Veterans’ Law team at Chisholm Chisholm & Kilpatrick LTD has years of experience fighting for veterans’ benefits and may be able to help you.  Call our office to receive a free case evaluation at 800-544-9144.