Citation Nr: 21064924 Decision Date: 10/22/21 Archive Date: 10/22/21 DOCKET NO. 19-29 505 DATE: October 22, 2021 ORDER Service connection for hypothyroidism, as due to in-service exposure to herbicide agents, is granted. FINDINGS OF FACT 1. The Veteran served in the Republic of Vietnam and is presumed to have been exposed to herbicide agents, including Agent Orange. 2. The Veteran's hypothyroidism is presumed to be related to exposure to herbicide agents during his active 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 FINDINGS AND CONCLUSION The Veteran had active service from May 1968 to December 1969, to include service in the Republic of Vietnam. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2018 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). In May 2020, the Board remanded this issue, along with the issues of entitlement to service connection for erectile dysfunction and hypertension, for additional development. Then, in November 2020, a Decision Review Officer (DRO) rating decision granted the Veteran service connection for erectile dysfunction and hypertension. As these grants represent the full benefits sought on appeal, the issues of entitlement to service connection for erectile dysfunction and hypertension are no longer on appeal before the Board. Service ConnectionHypothyroidism The Veteran contends his hypothyroidism is related to his active service, to include his conceded exposure to herbicide agents in service. Alternatively, he contends his hypothyroidism is secondary to his service-connected diabetes mellitus. The Board finds that presumptive service connection is warranted for the Veteran's hypothyroidism. As the Board is granting the Veteran service connection on a direct basis, it finds that a discussion of service connection on a secondary basis is not warranted. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. §§ 1110. Establishing service connection generally requires competent evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship, i.e., a nexus, between the claimed in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303 (a). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the Secretary shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; see also Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). For benefits to be denied, "the preponderance of the evidence must be against the claim." Id. at 54. As previously stated, the Veteran asserts he has hypothyroidism because of his exposure to Agent Orange and other herbicide agents during service. 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). In this case, the Veteran had active service in the Republic of Vietnam during the Vietnam Era, and therefore his exposure to herbicide agents has been established. 38 C.F.R. § 3.307 (a)(6)(iii). 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). On January 1, 2021, while the Veteran's case was on remand, the National Defense Authorization Act for Fiscal Year (FY) 2021 (NDAA) was enacted. The NDAA amended 38 U.S.C. § 1116 (a)(2) to add hypothyroidism to the list of presumptive diseases associated with Agent Orange exposure. Here, an October 2020 VA examination report reflects that the Veteran has a current diagnosis of hypothyroidism. Thus, the present disability element is satisfied for service connection. As the Veteran's in-service exposure to Agent Orange was conceded, based on his verified service in the Republic of Vietnam, the Board finds that service connection is warranted for hypothyroidism on a presumptive basis. 38 U.S.C. § 1116 (a)(2). The Board acknowledges the Veteran's assertions that his hypothyroidism is secondary to his service-connected diabetes mellitus, type II. However, given that hypothyroidism was added to the list of presumptive diseases associated with Agent Orange exposure, the issue of entitlement to service connection on a secondary basis will not be discussed further. 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 granted for hypothyroidism on a presumptive basis. A. J. Spector Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Trowers, Associate 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.