Citation Nr: 22055463
Decision Date: 09/29/22	Archive Date: 09/29/22

DOCKET NO. 20-01 256
DATE: September 29, 2022

ORDER

Service connection for hypothyroidism is granted.

FINDING OF FACT

The Veteran's hypothyroidism manifested to a compensable degree within one year of his separation from service and is not attributable to intercurrent causes.

CONCLUSION OF LAW

The criteria for entitlement to service connection for hypothyroidism are met. 38 U.S.C. §§ 1110, 1112, 1113, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 2011 to December 2017.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office.

The Veteran testified at a hearing conducted by the undersigned Veterans Law Judge in May 2022. The hearing transcript has been associated with the claims file. 

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).

VA has established certain rules and presumptions for chronic diseases, such as endocrinopathies, which includes hypothyroidism. See 38 C.F.R. §§ 3.303(b), 3.307, 3.309(a); Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013). With chronic diseases shown as such in service so as to permit a finding of service connection, subsequent manifestations of the same chronic disease at any later date, however remote, are service connected, unless attributable to intercurrent causes. 38 C.F.R. § 3.303(b). If chronicity in service is not established, a showing of continuity of symptoms after discharge may support the claim. 38 C.F.R. § 3.303 (b). In addition, for veterans who have served 90 days or more of active service during a war period or after December 31, 1946, chronic diseases are presumed to have been incurred in service if they manifested to a compensable degree within one year of separation from service. 38 C.F.R. §§ 3.307(a)(3), 3.309(a).

The Veteran contends that his hypothyroidism manifested to a compensable degree within one year of his discharge from service. See May 2022 Hearing Transcript. 

In this case, the Veteran meets the criteria for presumptive service connection. As noted above, hypothyroidism is an endocrine disorder; thus, the chronic disease presumption for endocrinopathies applies. Resolving reasonable doubt in the Veteran's favor, the Veteran hypothyroidism manifested to a compensable degree by June 2018, so within a year following separation (by December 2018). See August 2018 C&P Exam.

The Veteran's service treatment records are unremarkable for any complaint, treatment or diagnosis of any thyroid condition.

However, the evidence of record shows the Veteran has a current hypothyroidism that has manifested post-service since June 2018 and has been on continuous medication. The Veteran is competent to report the incidence of hypothyroidism symptomatology. See May 2022 Hearing Transcript. Moreover, the Veteran has competently testified that he had symptoms of fatigue, excessive sleepiness, weight loss, fair decrease in body temperature, brittle nails, awakening tired, among other symptoms, within one year of separation from service. Id. Further, the Board finds the Veteran credible in this regard as there are additional private treatment records in which the Veteran consistently reported the incidence of hypothyroidism symptomatology. 

As a chronic condition, any subsequent manifestations are service connected unless attributable to intercurrent causes. No intercurrent causes have been shown in this case and therefore the Veteran's hypothyroidism is attributable to service. The appeal is granted.

 

 

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Oquendo, 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.