Citation Nr: 21003842
Decision Date: 01/25/21	Archive Date: 01/25/21

DOCKET NO. 16-35 147
DATE: January 25, 2021

ORDER

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

FINDINGS OF FACT

1. The Veteran served in Vietnam and was presumptively exposed to herbicide agents.

2. The Veteran has a diagnosis of hypothyroidism.  

CONCLUSION OF LAW

The Veteran’s hypothyroidism was caused by the his presumptive exposure to herbicide agents.  38 U.S.C. §§ 1110, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran had active service from February 1966 to November 1969. 

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a December 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

Entitlement to service connection for hypothyroidism, including as secondary to herbicide exposure

The Veteran contends that he is entitled to service connection for hypothyroidism due to his in-service herbicide exposure.  For the reasons explained below, the Board finds that entitlement to service connection is warranted.

Service connection may be granted for specific diseases that are associated with exposure to herbicide agents.  38 C.F.R. § 3.309 (e).  If a Veteran was exposed to a herbicide agent during active military, naval, or air service, he or she shall be service-connected if the requirements of 38 C.F.R. § 3.307 (a)(6) are met, despite any lack of evidence of such disease during service provided that the rebuttable presumption provisions of 38 C.F.R. § 3.307 (d) are also satisfied.  

Recently, the National Defense Authorization Act for Fiscal Year 2021 added three disorders to the list of diseases presumptively associated with exposure to herbicide agents.  Specifically, it amended 38 U.S.C. § 1116(a)(2) to include parkinsonism, bladder cancer, and hypothyroidism.  

There is evidence that the Veteran served in Vietnam and was therefore presumptively exposed to herbicide agents.

The record also contains a diagnosis of hypothyroidism and Grave’s disease (a thyroid disorder).

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As there is evidence that the Veteran was exposed to herbicide agents and he has been diagnosed with a disability presumptively associated with herbicide exposure, the Board finds that service connection under 38 C.F.R. § 3.309(e) is warranted.  

 

 

Michael A. Pappas

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	L. Baskerville

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.