Citation Nr: 20022545
Decision Date: 04/01/20	Archive Date: 04/01/20

DOCKET NO. 18-46 924
DATE: April 1, 2020

ORDER

Entitlement to service connection for hypothyroidism, secondary to herbicide exposure is granted.

FINDING OF FACT

The Veteran’s hypothyroidism is related to his in-service exposure to herbicides.

CONCLUSION OF LAW

The criteria for service connection for hypothyroidism are met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active duty service from March 1967 to December 1970.

1. Entitlement to service connection for hypothyroidism, secondary to herbicide exposure

The Veteran contends that he has hypothyroidism secondary to exposure to herbicides during his service in Vietnam. In an August 2016 statement, he indicated that he felt a lack of energy in the late 1970s and that he was diagnosed with thyroid disease in 1990. He referred to a study from The Institute of Medicine in 2014 (released in 2016), which noted that there was an increased likelihood of developing hypothyroidism with herbicides exposure. He also submitted a buddy statement from a fellow service member who served in Vietnam with him who recalled the Veteran taking Synthroid for his hypothyroidism for many years.

Because the Veteran served in Vietnam, his exposure to herbicides is presumed. 38 C.F.R. § 3.307(a)(6)(iii). However, VA regulations do not provide for presumptive service connection, based on Agent Orange exposure, for hypothyroidism. See 38 C.F.R. § 3.30(e). Thus, a presumption of herbicide exposure based upon herbicide exposure in Vietnam is not warranted for hypothyroidism. 38 C.F.R. §§ 3.307 (a)(6). The Veteran could, nonetheless, establish service connection with evidence of direct incurrence. Stefl v. Nicholson, 21 Vet. App. 120 (2007); see Combee v. Brown, 34 F.3d 1039 (Fed. Cir. 1994).

The Board concludes that the Veteran’s hypothyroidism is related to in-service exposure to herbicides.  38 U.S.C. §§ 1110, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). 

VA and private treatment records show a current diagnosis of hypothyroidism, as early as 2000, at which time it was noted that his thyroid medication was being checked for proper dosage. The Veteran, as noted, stated that he was first diagnosed in 1990. The service treatment records are negative for any treatment for hypothyroidism. However, the Veteran is presumed to have been exposed to herbicides during his service in Vietnam.

An August 2016 private medical opinion provides that the Veteran’s hypothyroidism is more likely than not related to herbicide exposure. It was noted that the private physician reviewed the Institute of Medicine 2014 report, released in 2016, and the Veteran’s medical history, which included hypothyroidism. 

There are no other medical opinions of record addressing the Veteran’s claim. 

Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran’s current hypothyroidism is related to herbicide exposure in service.  Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for hypothyroidism is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102. 

 

 

DELYVONNE M. WHITEHEAD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Sarah B. Richmond, Counsel

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.