Citation Nr: 22014716
Decision Date: 03/14/22	Archive Date: 03/14/22

DOCKET NO. 17-20 758
DATE: March 14, 2022

REMANDED

Entitlement to a compensable rating prior to November 24, 2017, and a rating in excess of 30 percent on and after November 24, 2017, for Graves' disease with radioactive iodine therapy residuals is remanded. 

REASONS FOR REMAND

The Veteran had active service from February 1991 to June 1991 and from January 2011 to December 2012. 

Entitlement to a compensable rating prior to November 24, 2017, and a rating in excess of 30 percent on and after November 24, 2017, for Graves' disease with radioactive iodine therapy residuals is remanded. 

In its February 2020 Remand instructions, the Board of Veterans' Appeals (Board) requested that the Veteran be afforded a Department of Veterans Affairs (VA) thyroid evaluation conducted by an endocrinologist. 

The report of a February 2022 examination conducted for the Department of Veterans Affairs (VA) states that the examiner was a nurse practitioner rather than the requested endocrinologist.  

The Agency of Original Jurisdiction's compliance with the Board's remand instructions is neither optional nor discretionary.  Stegall v. West, 11 Vet. App. 268 (1998).  

Clinical documentation dated after December 2021 is not of record.  VA should obtain all relevant VA and private treatment records which could potentially be helpful in resolving the Veteran's claim.  Murphy v. Derwinski, 1 Vet. App. 78 (1990); Bell v. Derwinski, 2 Vet. App. 611 (1992).  

The matters are REMANDED for the following action:

1. Ask the Veteran to complete a VA Form 21-4142 for each private healthcare provider who has treated the service connected thyroid disability.  Make two requests for the authorized records from all identified healthcare providers unless it is clear after the first request that a second request would be futile.  

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2. Obtain any VA treatment records not of record, to include those pertaining to treatment after December 2021.  

3. Schedule the Veteran for a VA thyroid examination conducted by an endocrinologist to ascertain the current nature and severity of the service connected thyroid disability.  If an endocrinologist is not available, the examination should be conducted by a medical doctor.  The examiner must review the record and should note that review in the report.  A rationale for all opinions should be provided.  The examiner should opine as to the effects of thyroid disability on the pertinent appropriate body systems.  The examiner should describe all symptoms and effects of the service connected thyroid disability, to include any cardiovascular, neurologic, visual, weight loss, or mental symptoms.

 

J. T. HUTCHESON

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Emily A. Kotroco

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.