Citation Nr: 21076260
Decision Date: 12/23/21	Archive Date: 12/22/21

DOCKET NO. 15-00 274A
DATE: December 23, 2021

ORDER

Entitlement to service connection for hypothyroidism is granted.

FINDING OF FACT

The Veteran served in the Republic of Vietnam from approximately June 1966 to July 1967 and had a diagnosis of hypothyroidism.

CONCLUSION OF LAW

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

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 1963 to October 1967.  He served honorably in the U.S. Marine Corps, including service in the Republic of Vietnam during the Vietnam era.  The Board is thankful for the Veteran's service to our country.

Unfortunately, the Veteran died in August 2013, during the pendency of his appeal. The regional office recognized the surviving spouse as the substituted claimant for the purposes of processing these claims to completion.  The claimant testified before the undersigned at a Board videoconference hearing in May 2017.  A transcript of the hearing is of record.  The Board previously remanded this case in June 2018 for additional development.  The case has now returned to the Board for further appellate review.

Entitlement to service connection for hypothyroidism is granted.

The Board finds that service connection for hypothyroidism is warranted.

If a veteran was exposed to an herbicide agent during active service and has contracted an enumerated disability, service connection is warranted even though there is no record of such disease during service.  38 U.S.C. § 1116; 38 C.F.R. § 3.307(a)(6), 3.309(e).  In January 2021, during the pendency of the appeal, Congress enacted the William M. Thornberry National Defense Authorization Act for Fiscal Year 2021, which amended 38 U.S.C. § 1116(a)(2) to include Parkinsonism, bladder cancer, and hypothyroidism as diseases for which service connection would be presumed for veterans exposed to herbicide agents.

In this case, a June 2013 private treatment record notes a diagnosis of hypothyroidism and the Veteran's service personnel records show service in Danang, Republic of Vietnam from June 1966 to July 1967.  As the Veteran had hypothyroidism current during the period on appeal and had service in the 

 

Republic of Vietnam during the applicable period, the disease is presumed to have been incurred in or aggravated by service.  38 U.S.C. § 1116.  Accordingly, service connection for hypothyroidism is granted.

 

 

M. C. GRAHAM

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Vashaw, 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.