Citation Nr: 18148948
Decision Date: 11/08/18	Archive Date: 11/08/18

DOCKET NO. 16-43 942
DATE:	November 8, 2018
REMANDED
Entitlement to service connection for hypothyroidism (thyroidectomy) is remanded.
REASONS FOR REMAND
The Veteran had honorable service with the United States Army from December 1980 to September 1992, November 2006 to November 2007, and from September 2009 to November 2010.  For his meritorious service, the Veteran was awarded (among other decorations and medals) the Bronze Star Medal, the Meritorious Service Medal, and the Iraq Campaign Medal with two campaign stars.
1. Entitlement to service connection for hypothyroidism (thyroidectomy) is remanded.
The Veteran seeks service connection for residuals of a thyroidectomy.  The Veteran’s basic contention is that, during his service in Iraq, he was exposed to environmental toxins that later resulted in his thyroid problems.  
Though the Veteran underwent a VA examination for his claim, the Board finds the conclusions from that examination to be inadequate.  Notably, the May 2015 examiner stated that it was less likely than not that the Veteran’s disability was related to his active service, as it was diagnosed approximately two years after he left his final period of active service, and that there were no symptoms associated with this disability during his service.  
The evidence shows that the Veteran separated from his final period of service on November 21, 2010.  He underwent a thyroidectomy on May 2, 2012, or fewer than 18 months after his service.  Disputing the characterization of the length of time between the Veteran’s separation and his eventual surgery is more than a mere quibble, as endocrinopathies are disabilities subject to presumptive service connection if shown to a compensable rating within a year of active service.  38 C.F.R. § 3.309(a).  Further, in his October 2014 claim, the Veteran stated that his swollen thyroid was first noticed by his family physician in February 2012, placing it only 15 months after his active service.  
Finally, no examiner has commented on the Veteran’s contention that his disability may be related to his claimed exposure to environmental toxins during his active service.  
Based on the foregoing, the Veteran’s claim must be remanded to allow for the development of additional evidence and to allow for a new opinion to be obtained.  
The matter is REMANDED for the following action:
1. With any necessary assistance from the Veteran, obtain any records of his treatment for his thyroid disorder from all indicated private sources.
2. Obtain an opinion from an appropriate examiner as to whether the Veteran’s thyroid disorder is related to his active service.  If the examiner determines that no such opinion can be offered without first examining the Veteran, then schedule the Veteran for an appropriate examination.
Regardless of whether an examination is performed, the examiner is to answer the following questions:
(a.) Is it at least as likely as not that the Veteran’s thyroid disorder had its onset during or is otherwise related to the Veteran’s active service?  In answering this question, the examiner must address the Veteran’s reported history of exposure to environmental toxins.
(b.) Is it at least as likely as not that the Veteran’s thyroid disability was manifest within a year of his November 21, 2010 separation from active service?  

 
Evan M. Deichert
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. N. P. Jochem, Associate Counsel