Citation Nr: 21065580 Decision Date: 10/26/21 Archive Date: 10/26/21 DOCKET NO. 19-28 031 DATE: October 26, 2021 ORDER Entitlement to service connection for hypothyroidism is granted. FINDING OF FACT The Veteran's hypothyroidism is presumed to have been caused by in-service exposure to herbicide agents in the Republic of Vietnam. 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, 5107; 38 C.F.R. §§ 3.303, 3.304, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Army from November 1961 to November 1981. In the Veteran's September 2019 notice of disagreement, he requested a Board hearing. In an October 2021 statement, the Veteran withdrew his hearing request. Accordingly, the hearing request is withdrawn. At the time of this decision, the Veteran's representative has not had an opportunity to review the claims file and issue an informal hearing presentation (IHP). However, as this decision represents a full grant of benefits, there is no prejudice to the Veteran in proceeding with issuing a decision in the absence of the IHP. Service Connection Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). To establish a right to compensation for a present disability, a Veteran must show: (1) the existence of a present disability; (2) 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. See Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2010) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). Service connection may also be granted on a presumptive basis for certain specified diseases as due to herbicide exposure, provided the disease manifests to a compensable degree within a specified period in 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. 38 U.S.C. § 1116(a); 38 C.F.R. §§ 3.307, 3.309. "Service in the Republic of Vietnam" includes service in the waters offshore and service in other locations if the conditions of service involved duty or visitation in the Republic of Vietnam. 38 U.S.C. § 1116; 38 C.F.R. § 3.307. A veteran must actually set foot within the land borders of Vietnam, to include the contiguous waterways, in order to be entitled to the statutory presumptions for disabilities claimed as a result of exposure to herbicides. See Haas v. Peake, 525 F.3d 1168 (Fed. Cir. 2008). The Board notes that the National Defense Authorization Act for Fiscal Year 2021 has 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. See National Defense Authorization Act for Fiscal Year 2021, Pub. L. 116-283 (enacted Jan. 1, 2021). The Board has carefully reviewed the evidence of record and finds that the evidence supports the grant of service connection for hypothyroidism as due to exposure to herbicide agents. The reasons follow. The Veteran's June 2014 VA medical treatment record showed the Veteran has a current diagnosis of hypothyroidism. Additionally, an April 2015 VA ultrasound shows that the Veteran had an enlarged thyroid gland with dominant slightly hyperdense nodule without microcalcification the right lobe lower pole. The Board finds this sufficient to establish a present disability for purposes of service connection. The evidence of record shows that the Veteran served in the Army from November 8, 1961 to November 30, 1981, which included "on-land" service in Vietnam from September 15, 1968 to September 5, 1969. Therefore, he is presumed to have been exposed to Agent Orange and/or herbicide agents. Hypothyroidism is now one of the enumerated diseases presumptively associated with exposure to herbicide agents under 38 U.S.C. § 1116(a). Accordingly, the Veteran's hypothyroidism is presumptively linked to his presumed herbicide exposure and service connection for hypothyroidism is warranted. 38 U.S.C. § 1116(a); 38 C.F.R. §§ 3.307(a)(6)(ii), 3.309(e); see also National Defense Authorization Act for Fiscal Year 2021, Pub. L. 116-283 (enacted Jan. 1, 2021). Thus, the Veteran's claim for service connection for hypothyroidism as due to exposure to herbicide agents is granted. A. P. SIMPSON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Griffin, 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.