★ Cancer / PACT Act
Head & Neck Cancer VA Rating
PACT Act presumptive (38 CFR § 3.320); rated under 38 CFR § 4.97 / § 4.114 depending on site
Overview
Includes oral, pharyngeal, laryngeal, salivary gland, nasal, and sinus cancers — 'of any type'.
Active malignancy = 100%. Six months after treatment ends, VA reevaluates based on residuals (voice loss, dysphagia, disfigurement, breathing).
In Depth
Head and neck cancers appear in the PACT Act presumptive list for veterans with qualifying toxic-exposure service, and cancers of the larynx and trachea are longstanding Agent Orange presumptives under 38 CFR § 3.309(e).
Active disease is evaluated at 100 percent under the applicable diagnostic code for the affected system. Malignancies rated at 100 percent under 38 CFR Part 4 carry a note directing that the total evaluation continues during active disease and for six months following the cessation of surgical, X-ray, antineoplastic chemotherapy, or other therapeutic procedure. VA must then schedule a mandatory examination, and any reduction from the 100 percent evaluation is made under the procedures in 38 CFR § 3.105(e) — advance written notice, at least 60 days to submit evidence, and 30 days to request a predetermination hearing. If the mandatory exam did not happen, or the notice period was not honored, that is a procedural issue separate from the medical question of how bad the residuals are.
The residuals picture after head and neck treatment is unusually broad, and it is where evaluations are most often understated. Radiation to the neck commonly produces hypothyroidism, which is separately evaluable under 38 CFR § 4.119. Xerostomia and radiation caries lead to dental and oral pathology. Neck dissection produces scars, shoulder dysfunction from spinal accessory nerve involvement, and lymphedema. Laryngeal treatment affects voice and swallowing, both of which have their own criteria. Hearing loss and tinnitus follow platinum-based chemotherapy.
Each of those is a separate evaluation combined under 38 CFR § 4.25. A decision that assigns one residual evaluation and stops is a decision worth reading closely against the treatment record.
How to Establish Service Connection
- Presumptive (PACT Act) for qualifying burn pit / airborne hazard veterans.
- Direct: documented in-service carcinogen or radiation exposure.
Rating Criteria
Paraphrased from PACT Act presumptive (38 CFR § 3.320); rated under 38 CFR § 4.97 / § 4.114 depending on site
| Rating | Criteria |
|---|---|
| 100% | Active malignancy and for 6 months following completion of treatment. |
| Variable | After 6 months: rated on residuals (voice, swallowing, breathing, scarring, disfigurement). |
See what each percentage pays in 2026 and how it combines with your current rating →
Evidence Checklist
- Pathology report.
- Treatment records (surgery, radiation, chemo).
- Burn pit registry / deployment records.
- Post-treatment ENT and speech evaluations.
Evidence VA Commonly Cites in These Claims
Descriptive summary of evidence types frequently referenced in rating decisions for this condition. Not a checklist of actions to take — every claim is decided on its own facts.
- ★Get the pathology report and the oncology treatment summary into the file — the dates therapy started and stopped are what set the six-month convalescent window.
- ★List every residual separately when the issue is evaluated after treatment; residuals that are never identified are generally never rated.
- ★Ask the treating oncologist to document ongoing surveillance, maintenance therapy, or hormone therapy where it applies — continuing therapy can be relevant to whether the active-disease evaluation should have continued.
- ★For presumptive exposure, put the service documentation in the file: DD-214, unit assignments, deployment orders, or the location and date range establishing covered service.
- ★Where a reduction from 100 percent is proposed, respond within the 60-day evidence window and request the predetermination hearing within 30 days if you want one — those windows are separate.
- ★Request thyroid function labs after any neck radiation and claim hypothyroidism separately if present.
- ★Get an audiogram after platinum-based chemotherapy; ototoxicity is documented, not assumed.
- ★Document swallowing and voice impairment with the speech-language pathology notes rather than describing them narratively.
- ★Photograph and describe neck and flap scars; scar criteria depend on measurements and characteristics.
Illustrative Scenarios
These are hypothetical educational examples — not actual case results, predictions, or guarantees of outcomes.
One residual rated, five documented
A veteran finishes chemoradiation for an oropharyngeal cancer. The post-treatment decision evaluates swallowing impairment and nothing else, while the treatment record documents hypothyroidism, xerostomia, hearing loss, and neck scarring. Illustrative only — the pattern shows why listing every residual before the mandatory examination matters more than arguing severity afterward.
Common pitfalls VA sees
- Assuming the 100 percent evaluation continues indefinitely. It does not; the schedule contemplates reevaluation six months after therapy ends.
- Letting the mandatory post-treatment examination pass without documenting residuals, then disagreeing only after the reduction takes effect.
- Claiming only the cancer and never claiming the neuropathy, scars, fatigue, endocrine, or mental health residuals it produced.
- Missing the 60-day evidence window in a proposed-reduction letter because it looks like a form letter rather than a deadline.
Common Secondary Conditions
Conditions frequently service-connected as secondary to Head & Neck Cancer:
What the C&P Exam Documents
General information about how this condition is typically evaluated. This is not coaching on what to say and is not a substitute for medical or legal advice.
- →Bring the radiation treatment summary showing fields and dose.
- →Report dry mouth, dental extractions, and diet modification specifically.
- →Describe voice fatigue and whether you are understood on the phone.
- →Report shoulder limitation after neck dissection; it is a separate musculoskeletal issue.
Frequently Asked Questions
Have a Head & Neck Cancer claim or denial?
Four fields. A VA-accredited claims agent reviews it and responds within 3–5 business days. Contingent fees apply only to awarded past-due benefits on appeals — never on initial claims.
Requesting a consultation does not create representation and is not a guarantee of any outcome. Representation begins only after a written fee agreement and VA Form 21-22a are signed.
Educational content only — not legal advice and not medical advice. Rating criteria on this page are summarized in plain English from 38 CFR Part 4; consult VA.gov or the current Code of Federal Regulations for official criteria. This page provides general education about how the VA rates this condition; it is not individualized advice, does not establish a representation relationship, and should not be used to self-diagnose, self-treat, or decide a course of action without speaking to a qualified clinician and a VA-accredited representative. Outcomes depend on each veteran's individual facts, evidence, and the adjudicator's judgment; no specific rating, effective date, or other result is guaranteed. Oakridge Claims is a private business and is not affiliated with, endorsed by, or operated by the US Department of Veterans Affairs.
Related Conditions
Hearing Loss
Pure-tone thresholds, Maryland CNC, and Tables VI/VIa/VII.
Tooth Loss (Dental)
Loss of teeth due to bone loss of the maxilla/mandible rated under DC 9913.
Lymphedema
Chronic limb swelling from lymphatic injury — rated analogously under DC 7121 (post-phlebitic) by edema, stasis, and ulceration.

