Citation Nr: A21016302 Decision Date: 10/04/21 Archive Date: 10/04/21 DOCKET NO. 210114-136990 DATE: October 4, 2021 ORDER Service connection for hypothyroidism 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 served on active duty in the U.S. Navy from March 1966 to December 1973. In a November 2020 rating decision, the Regional Office (RO) denied service connection for hypothyroidism. Thereafter, the Veteran submitted a timely January 2021 VA Form 10182, Notice of Disagreement (NOD), and selected the evidence submission review lane. Under this lane, the Board considers the claim based on evidence of record at the time of the prior decision, and evidence received within 90 days of the NOD. Entitlement to service connection for hypothyroidism. The Veteran contends that his hypothyroidism is due to his exposure to herbicide agents during active service. Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110. Generally, the evidence 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. Shedden v. Principi, 391 F.3d 1163, 1166-67 (Fed. Cir. 2004). 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. If a veteran was exposed to an herbicide agent during active service, the following diseases shall be service-connected if the requirements of 38 C.F.R. § 3.307(a)(6) are met, even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of 38 C.F.R. § 3.307(d) are also satisfied: Chloracne or other acne form disease consistent with chloracne; Type 2 diabetes (also known as Type II diabetes mellitus or adult-onset diabetes); Hodgkin's disease; chronic lymphocytic leukemia; B cell leukemia, Parkinson's disease, multiple myeloma; non-Hodgkin's lymphoma; early-onset peripheral neuropathy; porphyria cutanea tarda; prostate cancer; respiratory cancers (cancer of the lung, bronchus, larynx or trachea); soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma); and ischemic heart disease, (including, but not limited to, acute, subacute, and old myocardial infarction; atherosclerotic cardiovascular disease including coronary artery disease (including coronary spasm) and coronary bypass surgery; and stable, unstable and Prinzmetal's angina), shall be service-connected if the requirements of 38 C.F.R. § 3.307(a)(6) are met, even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of 38 C.F.R. § 3.307(d) are also satisfied. 38 C.F.R. § 3.309(e). In the November 2020 rating decision, the RO made the favorable finding that the Veteran has a current diagnosis of hypothyroidism. Additionally, the RO determined that the Veteran had verified exposure to herbicide agents. This determination was based upon service personnel records showing the Veteran's duty or visitation in the Republic of Vietnam. See November 2020 Herbicide Exposure Verification VA Memorandum. The Board is bound by these favorable findings. 38 C.F.R. § 3.104(c). Thus, the Veteran's exposure to herbicide agents is presumed due to his service in Vietnam. 38 C.F.R. § 3.307(a)(6)(iii). At the time of the November 2020 rating decision, the list of diseases associated with exposure to herbicide agents did not include hypothyroidism. However, section 9109 of the National Defense Authorization Act of Fiscal Year 2021 added three diseases to the list, including hypothyroidism, the addition of which will be codified at 38 U.S.C. § 1116(a)(2)(J). Although this law did not contain an effective date and has not yet been codified, in the absence of such guidance it must be presumed that the law became effective upon its January 1, 2021 enactment. See Gozlon-Peretz v. United States, 498 U.S. 395, 404 (1991) ("It is well established that, absent a clear direction by Congress to the contrary, a law takes effect on the date of its enactment"). (Continued on the next page) As the Veteran has been diagnosed with a disease presumed service-connected in veterans exposed to herbicide agents, and he is presumed to have been exposed to herbicide agents, entitlement to service connection for hypothyroidism is warranted on a presumptive basis. Thus, service connection for hypothyroidism is granted. A. ISHIZAWAR Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Talton, John H. 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.