Citation Nr: 21012673 Decision Date: 03/04/21 Archive Date: 03/04/21 DOCKET NO. 17-20 528 DATE: March 4, 2021 ORDER The appeal for service connection for a heart condition, having been granted in full, is dismissed. Service connection for hypothyroidism, claimed as Graves’ disease, is granted. FINDINGS OF FACT 1. The appeal for service connection for a heart condition was granted in a December 2020 rating decision as service connection for coronary artery disease. 2. There remains no question of fact or law to be decided by the Board of Veterans’ Appeals (Board) concerning the question of service connection for a heart condition. 3. The Veteran’s exposure to herbicide agents during his confirmed service near the DMZ in Korea has already been conceded in the May 2020 Board remand. 4. Hypothyroidism is related to presumptive exposure to herbicide agents. CONCLUSIONS OF LAW 1. There being no question of fact or law to be decided by the Board, the appeal of the issue of entitlement to service connection for a heart condition is dismissed. 38 U.S.C. § 7105; 38 C.F.R. § 20.205. 2. The criteria to establish service connection for hypothyroidism, claimed as Graves’ disease, are met. 38 U.S.C. §§ 1110, 1116, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active duty in the U.S. Army from March 1969 to October 1970. The issues are on appeal from a December 2012 rating decision. The Veteran testified before the undersigned Veterans Law Judge at a hearing in March 2020. A transcript of the proceeding has been associated with the claims file. The issues were previously remanded by the Board in May 2020 for additional adjudication. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Only chronic diseases listed under 38 C.F.R. § 3.309(a) are entitled to the presumptive service connection provisions of 38 C.F.R. § 3.303(b). Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). Establishing service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Presumptive service connection on the basis of herbicide exposure is provided for specified diseases manifested to a degree of 10 percent within a specified period in a veteran who, during active military, naval, or air service, operated in or near the DMZ in an area in which herbicides are known to have been applied between April 1, 1968 and August 31, 1971. 38 C.F.R. § 3.307(a)(6)(iv). If a veteran was exposed to an herbicide agent during active military, naval, or air service, certain diseases listed in 38 C.F.R. § 3.309(e) shall be service-connected if the requirements of 38 U.S.C. § 1116 and 38 C.F.R. § 3.307(a)(6)(iii) are met, even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of 38 U.S.C. § 1113 and 38 C.F.R. § 3.307(d) are also satisfied. Under the National Defense Authorization Act for Fiscal Year 20201, effective on January 1, 2021, VA amended 38 U.S.C. § 1116(a)(2) and added hypothyroidism to the list of diseases associated with exposure to herbicide agents. When all the evidence is assembled, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against a claim, in which case, the claim is denied. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. 1. Service connection for a heart condition The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed. See 38 U.S.C. § 7105. Since the last Board remand, the Agency of Original Jurisdiction (AOJ) granted service connection for coronary artery disease at 20 percent disabling, effective February 23, 201, in a December 2020 rating decision. The award of service connection for a heart condition represents a full grant of the pertinent benefits sought on appeal, and therefore, no additional benefits are available to the Veteran under relevant VA law. The Veteran has not challenged the evaluation, nor the effective date assigned. Accordingly, the Board finds that the benefit sought on appeal has already been granted, and there remains no question of fact or law to be decided by the Board concerning the issue of service connection for a heart condition. For these reasons, the appeal with respect to the claim of service connection for a heart condition must be dismissed. See 38 U.S.C. § 7105. 2. Service connection for hypothyroidism, claimed as Graves’ disease The Veteran contends that he is entitled to service connection, on a presumptive basis, for hypothyroidism. For the following reasons, the Board agrees and grants service connection. The Board found previously in its May 2020 remand that the Veteran, based on his service near the DMZ in Korea, was exposed to herbicide agents and thus, presumptive service connection hinges on whether the Veteran has a current disability of hypothyroidism. VA treatment records demonstrate the Veteran has a history of primary hypothyroidism from RAI for Graves’ disease. The Veteran was afforded a VA examination in December 2020 where a diagnosis of hypothyroidism was confirmed and continued. (Continued on next page) As discussed above, the Veteran is presumed to have been exposed to herbicide agents during his military service. 38 C.F.R. § 3.307(a)(6)(iii). Moreover, VA has found that hypothyroidism is associated with exposure to herbicide agents. 38 U.S.C. § 1116(a)(2). Therefore, as hypothyroidism is among the disabilities to which VA recognizes a relationship to herbicide agent exposure, service connection of a presumptive basis is therefore granted. L. M. BARNARD Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Lee 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.