Citation Nr: 22012014 Decision Date: 03/02/22 Archive Date: 03/02/22 DOCKET NO. 17-59 018A DATE: March 2, 2022 ORDER The appeal seeking entitlement to service connection for hypertension as due to herbicide exposure is dismissed. Entitlement to service connection for hypothyroidism as due to herbicide exposure is granted. FINDINGS OF FACT 1. In January 2022, the Veteran submitted a statement indicating that he would like to withdraw his appeal for service connection for hypertension. 2. The Veteran's hypothyroidism is due to his conceded herbicide exposure during his active military service. CONCLUSIONS OF LAW 1. The criteria for dismissal of the appeal seeking entitlement to service connection for hypertension have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. The criteria for service connection for hypothyroidism as due to herbicide exposure have been met. 38 U.S.C. §§ 1110, 1116, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2021). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1966 to July 1968, including service in Vietnam. This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2017 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge (VLJ) in February 2022. I. Withdrawal A substantive appeal may be withdrawn in writing at any time before the Board promulgates a decision or may be withdrawn on the record at a hearing. 38 C.F.R. § 20.205. Withdrawal may be made by the Veteran or by his or her authorized representative. Id. 1. The appeal seeking entitlement to service connection for hypertension as due to herbicide exposure. In January 2022, the Veteran submitted a signed statement entitled "Withdraw Issue on Appeal" wherein he wrote "I, [the Veteran], am withdrawing the issue of service connection for hypertension due to agent orange exposure from my pending appeal." The Board notes that the Veteran's statement includes his name, social security number, signature, and statement requesting that the pending appeal be withdrawn, in accordance with 38 C.F.R. § 20.205. Accordingly, the Board no longer has appellate jurisdiction and can take no further action on this matter. Id. II. Service Connection Generally, to establish service connection a Veteran must show: "(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service." Davidson v. Shinseki, 581 F.3d 1313, 131516 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may also be granted for any injury or disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease or injury was incurred in service. 38 C.F.R. § 3.303(d). Service connection may also be established based on herbicide exposure. 38 C.F.R. § 3.307(a)(6). For VA purposes, an "herbicide agent" includes the chemicals 2,4D; 2,4,5T and its contaminant TCCD; cacodylic acid; and picloram. 38 C.F.R. § 3.307(a)(6)(i). For the purposes of determining herbicide exposure, a veteran who served in qualifying locations is presumed to have been exposed to an herbicide agent. 38 C.F.R. § 3.307(a)(6)(iii). If the veteran is presumed to have been exposed to herbicides, the veteran is entitled to a presumption of service connection for certain disorders. See 38 C.F.R. § 3.309(e). This presumption is specifically limited to those diseases listed; hypothyroidism previously was not included. Id. However, the National Defense Authorization Act for Fiscal Year 2021 (NDAA) added three more conditions to the Agent Orange presumptive-conditions list, including hypothyroidism. See 38 U.S.C. § 1116(a)(2)(K). 2. Entitlement to service connection for hypothyroidism as due to herbicide exposure. In February 2017, the Veteran filed an application for service connection for hypothyroidism as due to exposure to agent orange. In support of his claim, the Veteran provided an April 2016 article discussing the link between exposure to agent orange and hypothyroidism. A review of the Veteran's medical records indicate that he has a current diagnosis of hypothyroidism and is being treated with Levothyroxine. Moreover, herbicide exposure is conceded as the Veteran served in the Republic of Vietnam. Nevertheless, the RO issued an April 2017 rating decision denying the claim, in part because presumptive service connection was not available. The Veteran appealed this issue up to the Board. As noted above, the 2021 NDAA added hypothyroidism to the Agent Orange presumptive conditions list. As the Veteran has a current diagnosis and conceded herbicide exposure, and the disease manifested to a compensable degree, entitlement to service connection for hypothyroidism as due to herbicide exposure is granted. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Ruiz, Associate Attorney 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.