Citation Nr: 21069914
Decision Date: 11/22/21	Archive Date: 11/22/21

DOCKET NO. 17-39 219
DATE: November 22, 2021

REMANDED

Entitlement to a rating in excess of 10 percent for hypothyroidism is remanded.

REASONS FOR REMAND

The Veteran had active service from February 1999 to April 2010.  

Entitlement to a rating in excess of 10 percent for hypothyroidism.

In its September 2021 Remand instructions, the Board of Veterans' Appeals (Board) requested that the Veteran should be afforded a Department of Veterans Affairs (VA) thyroid examination.  The examiner was directed to "provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria, including those endorsed by the Veteran such as weight gain, sluggishness, and mental disturbance, and the July 2016 findings of bradycardia."  

The report of an October 2021 thyroid examination conducted for VA did not address the July 2016 findings of bradycardia.  

The Agency of Original Jurisdiction's compliance with the Board's remand instructions is neither optional nor discretionary.  Stegall v. West, 11 Vet. App. 268 (1998).  

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for each private healthcare provider who has treated the service connected hypothyroidism.  Make two requests for the authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile.  

2. Obtain any VA treatment records not of record, to include those pertaining to treatment after October 2021.  

3. Schedule the Veteran for a VA thyroid examination conducted by a medical doctor to ascertain the current nature and severity of the service connected hypothyroidism.  The examiner must review the record and should note that review in the report.  A rationale for all opinions should be provided.  The examiner should opine as to the effects of thyroid disability on the pertinent appropriate body systems including describing all symptoms and effects of the service-connected thyroid disability, to include any cardiovascular, neurologic, visual, weight loss, or mental symptoms.  The July 2016 findings of bradycardia should be expressly addressed.

 

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Macek, M. A.

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.