Citation Nr: 21002879 Decision Date: 01/19/21 Archive Date: 01/19/21 DOCKET NO. 16-54 416 DATE: January 19, 2021 ORDER Entitlement to service connection for hypothyroidism as due to exposure to herbicide agents is granted. FINDING OF FACT Recent legislation added hypothyroidism to the list of diseases VA deems associated with presumptive exposure to herbicide agents. CONCLUSION OF LAW The criteria for entitlement to service connection for hypothyroidism as due to exposure to herbicide agents have been met. 38 U.S.C. §§ 1110, 1112, 1116 (as amended by Jan. 1, 2021 National Defense Authorization Act for FY 2021); 38 C.F.R. §§ 3.303, 3.307(a)(6), 3.309(e) (to be amended). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from May 1969 to February 1971. His service included a combat tour in the Republic of Viet Nam (RVN) from October 1969 to October 1970, where he earned the Combat Infantryman Badge. Upon initial review of this case the Board remanded it for additional development, with which the Agency of Original Jurisdiction (AOJ) substantially complied. See 11/22/2019 BVA Decision. Entitlement to service connection for hypothyroidism as due to exposure to herbicide agents is granted. Applicable Legal Requirements Generally, to establish a right to compensation for a present disability, a veteran must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called “nexus” requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); 38 C.F.R. § 3.303. Service connection may be granted for any disease diagnosed after discharge when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Service incurrence for certain diseases will be presumed on the basis of an association with certain herbicide agents (e.g., Agent Orange). 38 U.S.C. § 1116; 38 C.F.R. §§ 3.307(a)(6), 3.309(e). Such a presumption, however, requires evidence of actual or presumed exposure to herbicides. Id. Veterans who, during active service, served in RVN during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed to an herbicide agent, unless there is affirmative evidence of non-exposure. 38 U.S.C. §§ 1116; 38 C.F.R. § 3.307. A veteran who served on land in Vietnam is presumed to have had such exposure. Discussion The Veteran was diagnosed with hypothyroidism in March 2011. See 02/12/2020 C&P Exam, 2nd Entry. At the time he filed his claim and upon initial review by the Board, hypothyroidism was not among the diseases VA deems associated with presumed exposure to herbicide agents. A medical examiner opined that no evidence was found in medical literature, etc., to support a nexus on a direct basis. See 02/12/2020 C&P Exam, 1st Entry. Hence, the AOJ continued the denial of the claim. See 09/28/2020 SSOC. The Jan. 1, 2021 National Defense Authorization Act for FY 2021, however, amended 38 U.S.C. § 1116(a)(2) by including hypothyroidism to the diseases that are deemed to be associated with presumed exposure to herbicide agents. As noted earlier, the Veteran served in RVN, where he was presumed to have been exposed to herbicide agents. Hence, his claim is allowed on the basis of the recent legislation. Eric S. Leboff Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board W. T. Snyder 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.