Citation Nr: 20053565
Decision Date: 08/12/20	Archive Date: 08/12/20

DOCKET NO. 16-13 524
DATE: August 12, 2020

REMANDED

Entitlement to service connection for hypothyroidism, to include as secondary to service-connected diabetes mellitus is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 1971 to April 1974.

The Board denied this matter in a May 2019 decision.  The Veteran appealed this decision to the United States Court of Appeals for Veterans Claims, resulting in a March 2020 Joint Motion for Remand (JMR).  The matter is now back before the Board.

1. Entitlement to service connection for hypothyroidism, to include as secondary to service-connected diabetes mellitus is remanded.

Pursuant to the March 2020 JMR, remand is necessary in order to: (1) obtain outstanding private treatment records, to include from the Bratton Clinic; (2) obtain any outstanding VA treatment records; and (3) obtain an opinion addressing whether the Veteran’s service-connected diabetes mellitus aggravates his hypothyroidism pursuant to 38 C.F.R. § 3.310 (b).  

In light of the potential addition of private treatment records from the Bratton Clinic, which may include treatment during service, the Board will request a direct service connection opinion as well.

The matters are REMANDED for the following action:

1. Contact the Veteran requesting any relevant private treatment records, or authorization to obtain such records.  This includes records from the Bratton Clinic, as referenced in the Court’s March 2020 JMR.

2. Obtain any outstanding VA treatment records.

3. Return the claims file to an examiner of appropriate expertise to issue an opinion regarding the etiology of the Veteran’s hypothyroidism.  

Based on a review of the record, the examiner should:

(a) Provide an opinion as to whether it is at least as likely as not (i.e. probability of 50 percent or greater) that hypothyroidism is related to the Veteran’s active service.

(b) Provide an opinion as to whether it is at least as likely as not (i.e., a probability of 50 percent or greater) that hypothyroidism is aggravated by service-connected diabetes mellitus.

 

If diabetes mellitus aggravates hypothyroidism, the examiner should identify the percentage of disability which is attributable to the aggravation.  38 C.F.R. § 3.310. (Identify the baseline.)

A complete rationale for any opinion expressed should be provided in a report.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	W. R. Stephens, 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.