Citation Nr: 21076084
Decision Date: 12/22/21	Archive Date: 12/22/21

DOCKET NO. 19-17 662
DATE: December 22, 2021

REMANDED

Entitlement to service connection for hypothyroidism is remanded.

REASONS FOR REMAND

The Veteran served on active duty in the United States Navy from October 1981 to April 2002. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued in January 2018 by a Department of Veterans Affairs (VA) Regional Office.

In August 2021, the Veteran testified before the undersigned at a Board hearing. A transcript of that hearing has been associated with the record. 

Service Connection 

The Veteran asserts that his hypothyroidism, which was diagnosed after his discharge from the Navy, first developed while he was in service. In support of his claim, he submitted an article from the Mayo Clinic, describing the symptoms of hypothyroidism, to include fatigue and weight gain. He has also submitted letters from his mother, sister and a fellow servicemember, each of whom knew the Veteran during his active-duty service and witnessed him experiencing symptoms such as fatigue and weight gain. 

Accordingly, the Board finds that the low threshold of the McLendon standard has been met in this instance, and the Veteran should be afforded a VA examination and opinion prior to adjudication of his claim. See McLendon v. Nicholson, 20 Vet. App. 79, 81 (2006) (examination and medical nexus opinion required for service connection claim where there is evidence of current disability, in-service disease, and indication that the disability may be related but insufficient evidence to decide the claim). Therefore, a remand is warranted. 

The matter is REMANDED for the following action:

Schedule the Veteran for an appropriate VA examination to determine the nature and etiology of his hypothyroidism. 

Following a review of the record and examination of the Veteran, the examiner should offer an opinion as to whether it is at least as likely as not (i.e., 50 percent or greater probability) that the Veteran's hypothyroidism is proximately due to, or had its onset in, service.

In offering any opinion, the examiner must consider the full record, to include the Veteran's lay statements. A detailed rationale for any opinion offered should be provided.

 

 

R. FEINBERG

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jeremy J. Olsen, 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.