Citation Nr: 21074834
Decision Date: 12/16/21	Archive Date: 12/16/21

DOCKET NO. 16-24 664A
DATE: December 16, 2021

REMANDED

Entitlement to service connection for a thyroid disability, to include thyroid goiter is remanded.

REASONS FOR REMAND

The Veteran served on active duty from April 2001 to September 2001 and February 2006 to May 2007.   

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

The Board most recently remanded this matter in June 2021, for an addendum opinion to determine the etiology of any thyroid disability. 

The rationale provided to support the VA examiner's finding of no diagnosis in the August 2021 addendum opinion is inadequate. The VA examiner stated that there was no evidence of goiter and any perceived goiter has not been documented. However, these statements are contrary to the medical records. An April 2009 examination showed a diagnosis of mild goiter. Further, as noted in the January 2019 and June 2021 remands, the November 2017 VA examination noted the presence of a goiter.  Finally, a March 2018 VA treatment record noted a history of goiter. 

A remand by the Board confers on the Veteran, as a matter of law, the right to the compliance with the remand order. See Stegall v. West, 11 Vet. App. 268, 271 (1998). As the Board finds the rationale in the August 2021 addendum opinion inadequate a remand is warranted. 

The matters are REMANDED for the following action:

1. Obtain updated VA treatment records.

2. Obtain an addendum medical opinion from an appropriate clinician on the etiology of any current thyroid disability, to include the benign goiter on the Veteran's thyroid. Schedule the Veteran for an examination at the discretion of the clinician. The examiner must review this REMAND and the entire claims file, before answering the following: 

a.) Identify any thyroid disability since the date of the Veteran's claim in November 2013 by (1) diagnosis or (2) functional impairment, even if resolved.  The clinician must consider and address the goiter noted on the Veteran's thyroid at her October 2017 VA examination, the April 2009 examination showing a diagnosis of mild goiter; and a March 2018 medical records from Reading CBOC indicating a history of goiter.

Please note that the requirement of the existence of a current disability is satisfied when a veteran has a disability at the time she files her claim for service connection or during the pendency of that claim, even if the disability resolves prior to adjudication of the claim. See McClain v. Nicholson, 21 Vet. App. 319, 321 (2007).

b.)  Provide an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any thyroid disability had its onset in service or is otherwise related to service. 

The examiner should provide a complete rationale for each opinion.

3. Thereafter, readjudicate the appeal.

 

 

James Springer

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Smith, 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.