Citation Nr: 21001251 Decision Date: 01/07/21 Archive Date: 01/07/21 DOCKET NO. 17-11 171 DATE: January 7, 2021 ORDER Service connection for hypothyroidism, including as secondary to Agent Orange exposure, is granted. FINDING OF FACT The Veteran’s hypothyroidism is presumed to be related to exposure to herbicide agents during his active military service. CONCLUSION OF LAW The criteria for service connection for hypothyroidism have been met. 38 U.S.C. §§ 1110, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from June 1967 to June 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2016 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified before the undersigned Veterans Law Judge (VLJ) at a hearing in February 2018. A copy of the transcript has been reviewed and associated with the claims file. This matter was before the Board in July 2018 and May 2020, on which occasions it was remanded for additional evidentiary development. Entitlement to service connection for hypothyroidism, including as secondary to Agent Orange exposure Service connection will be granted for a disability resulting from an injury or disease contracted in the line of duty, or for aggravation of a pre-existing injury suffered or disease contracted in the line of duty, in the active military, naval, or air service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection requires evidence of (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Consistent with this framework, service connection is warranted for a disease first diagnosed after discharge when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). VA regulations provide that a Veteran who, during active military, naval, or air service, served in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed during such service to an herbicide agent, unless there is affirmative evidence to establish that the Veteran was not exposed to any such agent during that service. 38 U.S.C. § 1116(f). If a Veteran was exposed to an herbicide agent during active military, naval, or air service, certain diseases shall be service-connected, even though there is no record of such disease during service unless the presumption is rebutted. 38 U.S.C. §§ 1113, 1116; 38 C.F.R. §§ 3.307 (d), 3.309(e). While in remand status, the National Defense Authorization Act for Fiscal Year (FY) 2021 (NDAA) was enacted on January 1, 2021, and amended 38 U.S.C. § 1116(a)(2) to add hypothyroidism to the list of presumptive diseases associated with Agent Orange exposure. In the present claim, the Veteran has been diagnosed with hypothyroidism and served in Vietnam from April 1968 to April 1969. Thus, he has a present disability and conceded exposure to Agent Orange. Accordingly, service connection is warranted for hypothyroidism on a presumptive basis. 38 U.S.C. § 1116(a)(2). The Board acknowledges the Veteran’s assertions indicating that his hypothyroidism is secondary to his service-connected diabetes mellitus, type II, and coronary artery disease. However, given that hypothyroidism was added to the list of presumptive diseases associated with Agent Orange exposure, such matters need not be addressed. The award herein, on a presumptive basis, represents a complete grant of the benefit sought on appeal. In sum, the weight of the evidence establishes that the Veteran has been diagnosed with hypothyroidism and that he had presumed exposure to herbicide agents during service. As such, service connection is warranted for hypothyroidism on a presumptive basis. Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. (Hurley) Merrick 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.