Citation Nr: 21073535
Decision Date: 12/09/21	Archive Date: 12/09/21

DOCKET NO. 17-28 794A
DATE: December 9, 2021

ORDER

Entitlement to service connection for hypothyroidism is granted.

FINDING OF FACT

The Veteran's hypothyroidism is presumptively due to his exposure to herbicide agents during service in the Republic of Vietnam.

CONCLUSION OF LAW

The criteria for entitlement to service connection for hypothyroidism have been met.  38 U.S.C. §§ 1110, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from December 1966 to August 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2016 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran testified at a virtual hearing before the undersigned in December 2021.

1. Entitlement to service connection for hypothyroidism

The RO previously denied the Veteran's claim on the basis that hypothyroidism was not on the list of diseases for which service connection is warranted on a presumptive basis due to herbicide agent exposure as listed in 38 U.S.C. § 1116 (a)(2) and hypothyroidism was not otherwise shown to be connected to his military service. 

Prior to the enactment of the 2021 National Defense Authorization Act (NDAA), hypothyroidism was not listed as one of the diseases that may be presumed to be service connected as due to exposure to herbicide agents if manifested in a Veteran who served in Vietnam during the Vietnam Era. See 38 U.S.C. § 1116; 38 C.F.R. §§ 3.307, 3.309(e). However, the 2021 NDAA (enacted January 1, 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. 

The Veteran was diagnosed with hypothyroidism in 2007.  A VA examination in May 2016 noted a diagnosis of hypothyroidism.  The Veteran's service personnel records show that he served in Vietnam from November 1969 to August 1970. Therefore, he is presumed to have been exposed to herbicide agents such as Agent Orange. Under the law, as amended, service connection is warranted for hypothyroidism pursuant to the provisions of 38 U.S.C. § 1116 (a)(2). The appeal is granted.

 

 

D. JOHNSON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. G. Mazzucchelli, 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.