Citation Nr: 19186294
Decision Date: 11/15/19	Archive Date: 11/15/19

DOCKET NO. 11-20 218
DATE: November 15, 2019

REMANDED

Entitlement to service connection for thyroid cancer is remanded.

REASONS FOR REMAND

The Veteran had active duty service from July 1978 to July 1981.  He also had additional service with the Texas National Guard from July 1981 to May 1986.  

Entitlement to service connection for thyroid cancer is remanded.

This case was previously before the Board in January 2018 when it was remanded for additional development. The Veteran was provided a VA examination in October 2018 after which the examiner opined that his thyroid cancer was less likely than not related to his military service, to include exposure to chemicals, because no chemicals were known to be causative of papillary thyroid cancer and no chemicals were recognized as risk factors for the development of papillary thyroid cancer, to include the chemicals and carbon the Veteran was exposed to during his duties cleaning weapons. 

After that examination, the Veteran’s representative cited an American Cancer Society report that identifies toxic chemicals linked to thyroid problems. See October 2019 brief. Accordingly, an addendum opinion is necessary to consider the American Cancer Society report cited in the brief.

The matters are REMANDED for the following action:

The AOJ should arrange to obtain an addendum opinion (with examination, only if deemed necessary by the provider) from the October 2018 VA Thyroid and Parathyroid examiner (or from another provider if the October 2018 examiner is unavailable). The entire record, including this remand, must be reviewed by the examiner. 

Based on the record, the examiner should provide an opinion to the following:

Is it at least as likely as not that the Veteran’s cancer is related to his active duty service, to include exposure to chemicals and cleaning products used to clean weapons during service, and the carbon byproduct of that cleaning?

The examiner must specifically consider and the Veteran’s lay statements of exposure to chemicals and carbon during his duties cleaning weapons, and the American Cancer Society report cited by the Veteran’s representative, Toxic Environmental Chemicals Ma Increase Risk of Thyroid Disease and Thyroid Cancer, available at https://cvskinlabs.com/toxic-environmental-chemicals-may-increase-risk-of-thyroid-disease-and-thyroid-cancer/. 

The examiner must explain the rationale for all opinions in detail, citing to supporting clinical data and/or medical literature, as appropriate.  If an opinion cannot be provided, the examiner should indicate why.

 

 

M.E. Larkin

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Eric Struening

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.