Citation Nr: 21029594 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 20-04 822 DATE: May 14, 2021 ORDER Entitlement to service connection for hypothyroidism, to include as due to Agent Orange exposure, is granted. FINDING OF FACT Recent legislation added hypothyroidism to the list of diseases VA deems associated with presumptive exposure to herbicide agents. CONCLUSION OF LAW The criteria for entitlement to service connection for hypothyroidism as due to exposure to herbicide agents have been met. 38 U.S.C. §§ 1110, 1112, 1116 (as amended by Jan. 1, 2021 National Defense Authorization Act for FY 2021); 38 C.F.R. §§ 3.303, 3.307(a)(6), 3.309(e) (to be amended). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1967 to March 1970, including service in the Republic of Vietnam. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In March 2020, the Board denied entitlement to service connection for hypothyroidism. The Veteran appealed the case to the United States Court of Appeals for Veterans Claims. In December 2020, the United States Court of Appeals for Veterans Claims (the Court) granted a Joint Motion for Remand (JMR) and vacated the March 2020 Board decision, and remanded the issue to the Board for additional action. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Service connection for certain diseases will be presumed on the basis of an association with certain herbicide agents (e.g., Agent Orange). 38 U.S.C. § 1116; 38 C.F.R. §§ 3.307 (a)(6), 3.309(e). Such a presumption, however, requires evidence of actual or presumed exposure to herbicides. Id. Veterans who, during active service, served in Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975, shall be presumed to have been exposed to an herbicide agent, unless there is affirmative evidence of non-exposure. 38 U.S.C. §§ 1116; 38 C.F.R. § 3.307. A veteran who served on land in Vietnam is presumed to have had such exposure. 1. Entitlement to service connection for hypothyroidism, to include as due to Agent Orange exposure The Veteran contends that he is entitled to service connection for hypothyroidism as a result of Agent Orange exposure during military service. Military personnel records show the Veteran served in Vietnam, and was awarded a Purple Heart Medal for wounds incurred during combat action. The Veteran was diagnosed with hypothyroidism in 2010. At the time that the Veteran filed his claim in January 2018, and upon initial review by the Board in March 2020, hypothyroidism was not among the diseases VA deemed associated with presumed exposure to herbicide agents. The Jan. 1, 2021 National Defense Authorization Act for Fiscal Year 2021, however, amended 38 U.S.C. § 1116 (a)(2) by including hypothyroidism to the diseases that are deemed to be associated with presumed exposure to herbicide agents. As noted earlier, the Veteran served in Vietnam, where he was presumed to have been exposed to herbicide agents. Hence, his claim of entitlement to service connection for hypothyroidism is granted on the basis of the recent legislation. Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Miller, 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.