Citation Nr: 20002872
Decision Date: 01/14/20	Archive Date: 01/13/20

DOCKET NO. 19-16 923
DATE: January 14, 2020

REMANDED

Service connection for hypothyroidism is remanded.

REASONS FOR REMAND

The Veteran’s service personnel records establish service on the ground in Vietnam, exposure to herbicide agents is presumed. The Veteran’s VAMC treatment records reflect a diagnosis for hypothyroidism. The Veteran has submitted competent and credible evidence that the National Academy of Medicine has recently found that new research supports changing the strength of association designation between herbicide agent exposure and hypothyroidism to “limited or suggestive.”

Given the Veteran’s assertions and the evidence submitted, the Board must remand this issue for a VA examination and medical opinion. See McLendon v. Nicholson, 20 Vet. App. 79 (2006); 38 U.S.C. § 5103A (d); 38 C.F.R. § 3.159 (c)(4).

The matters are REMANDED for the following action:

1. Schedule the Veteran for a VA examination before an appropriate physician to determine the etiology of any thyroid disorder present during the period on appeal. The examiner must review the record, to include service treatment records, VA treatment records, SSA records, private treatment records, lay statements, and the Veteran’s statements. The examiner must also consider Veteran’s documented medical history, assertions, and reported symptoms. All indicated studies should be completed, and all clinical findings reported in detail. 

2. The examiner must provide an opinion as to whether it is at least as likely as not (i.e., at least 50 percent probable) that any identified thyroid disorder, to include hypothyroid, manifested during, or as a result of, active military service, to include due to conceded exposure to herbicide agents in Vietnam.

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* The examiner MUST SPECIFICALLY DISCUSS the January 2017 Veterans Update article submitted by the Veteran which noted that new research supports changing the strength of association between herbicide agents and hypothyroidism to “limited or suggestive.” 

A complete rationale for all opinions offered must be provided. If the examiner is unable to provide any required opinion, the examiner should fully explain why this is the case. Likewise, if the examiner cannot provide an opinion without resorting to mere speculation, the examiner shall provide a complete explanation as to why this is so. If the inability to provide a more definitive opinion is the result of a need for additional information, the examiner should identify the additional information that is needed.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Kyle McKone

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.