Citation Nr: 21069167
Decision Date: 11/17/21	Archive Date: 11/17/21

DOCKET NO. 18-27 983
DATE: November 17, 2021

ORDER

Entitlement to service connection for hypothyroidism (claimed as hyperthyroid), to include as due to exposure to environmental hazards, is dismissed.

FINDING OF FACT

In a July 2021 rating decision, the Veteran was granted entitlement to service connection for hypothyroidism, which represents a full grant of the benefit sought in the appeal.

CONCLUSION OF LAW

As the benefit sought on appeal has been granted in full, there remains no question of law or fact on appeal, and the appeal is dismissed as to the claim of entitlement to service connection for hypothyroidism.  38 U.S.C. § 7105; 38 C.F.R. § 20.205.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1965 to June 1985.  The Veteran served over seven years in Thailand, and exposure to Agent Orange has been conceded.  See August 26, 2014 Deferred Rating Decision.

The Board previously remanded this matter in March 2020 for further development.  As the actions specified in the remand have been substantially completed, this matter has been properly returned to the Board for appellate consideration.  See D'Aries v. Peake, 22 Vet. App. 97, 105 (2008); Stegall v. West, 11 Vet. App. 268 (1998).

Entitlement to service connection for hypothyroidism (claimed as hyperthyroid), to include as due to exposure to environmental hazards

In July 2021, the RO issued a rating decision granting service connection for the Veteran's hypothyroidism, assigning an initial 10 percent rating, effective May 25, 2012.  

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In an October 2021 Informal Hearing Presentation, the Veteran's representative challenged the competency of the VA examiner who performed the October 2020 examination and requested the examiner's curriculum vitae (CV) and all known qualifications to determine the adequacy of the examiner's expertise, pursuant to Francway v. Wilkie, 930 F.3d 1377, 1380 (Fed. Cir. 2019).  Specifically, the representative questioned the examiner's ability to assess the severity of the Veteran's hypothyroidism.  The Francway challenge relates to the initial rating assigned, whereas the current issue on appeal is service connection for hypothyroidism, which has been granted in full.  As the July 2021 rating decision represents a full grant of the benefit sought, any failure of the Board to address the competency of the October 2020 examiner is considered non-prejudicial to the Veteran.

Accordingly, the Board finds that the Veteran's appeal as to this issue has been rendered moot because the benefit sought on appeal has been granted in full.  There remains no question of law or fact for the Board to resolve, and the current appeal is dismissed.  38 U.S.C. § 7105(d)(5).

 

 

LESLEY A. REIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board                                                                    C. Gates	

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.