Thyroid disorder decisions — 2003

The Board has denied the veteran's claim for service connection for thyroid cancer as a result of exposure to ionizing radiation. The case is being remanded due to issues with notification and assistance provided by VA.

The Board has ordered the case to be remanded due to a failure to provide proper VCAA notice, and the veteran is given one year to submit additional evidence.

The Board found that the veteran's hypothyroidism did not result in fatigue, constipation or mental sluggishness and thus did not warrant a rating higher than 10 percent.

The Board has denied the veteran's claim for an increased rating for residuals of a thyroid lobectomy, finding that there is no evidence linking her current health problems to her in-service surgery.

The veteran's cause of death was congestive heart failure due to atherosclerotic heart disease. Other significant conditions contributing to his death were diaphragmatic myocardial infarction, chronic renal failure, hypothyroidism, and peripheral vascular disease. None of these conditions are service-connected.

The Board has determined that thyroid cancer and renal cell carcinoma were not incurred or aggravated during active service, including as a result of exposure to herbicides in Vietnam. The claims are therefore denied.

The veteran's death was caused by multiple pulmonary emboli, fibrous pleuritis, and fibrous pericarditis. Rheumatoid arthritis, chronic thyroiditis, and chronic nodular pneumonitis were significant conditions contributing to his death but not the immediate cause. The Board denied service connection for the cause of death as there is no evidence that any condition was incurred or aggravated by service. The veteran's dependent's educational assistance claim under 38 U.S.C. Chapter 35 also failed due to lack of a service-connected disability at the time of his death.

The Board has granted service connection for bilateral carpal tunnel syndrome as secondary to the veteran's already service-connected hypothyroidism.

The veteran's claim for a rating in excess of 10 percent for status post thyroidectomy with replacement therapy was denied.

The Board found that the veteran's non-malignant thyroid nodular disease was not incurred in or aggravated by service, and denied his claim for service connection.

The Board has remanded the case for additional development due to invalidated provisions of the Veterans Claims Assistance Act of 2000.

The Board found that the veteran's hypothyroidism developed as a result of his service-connected shrapnel wound to the neck, and granted service connection for this condition.

The Board denied the veteran's requests for increased ratings for his service-connected right shoulder disability and denied his claims for service connection for osteogenesis imperfecta and hypoactive thyroid. The denial of service connection for osteogenesis imperfecta was upheld as new evidence did not meet the criteria for reopening the claim.

The Board denied the veteran's claims for service connection for various conditions, including hypothyroidism, hemorrhoids, a chronic acquired disorder of either knee or shoulder and ankles, back, and gastrointestinal system. The decision stated that these conditions were not shown to be related to service, including alleged chemical and/or herbicide exposure.

The Board denied the veteran's claims of entitlement to an increased rating for postoperative residuals of subtotal thyroidectomy for hyperthyroidism and service connection for thyroid eye disease, finding that there were no current symptoms or disabilities related to these conditions.

The Board denied the veteran's claims for an effective date prior to December 29, 1995 for service connection and increased ratings for her scars. The RO found that she did not file a timely claim for VA compensation benefits within one year of her discharge from active duty.

The Board has granted a 60 percent rating for the veteran's hypothyroidism with a history of Grave's disease, finding that her symptoms have caused significant impairment in her ability to work due to sleepiness, muscular weakness, mental disturbance, and weight gain. The current evidence does not support a higher rating as there are no findings of cold intolerance, cardiovascular involvement, or bradycardia.

The veteran's claims for service connection for hypothyroidism and fatigue, lack of strength, weight loss, and sleep loss as chronic disabilities resulting from an undiagnosed illness are denied due to the current evidence not showing a link between these conditions and his military service.

The Board has determined that the veteran did not timely perfect an appeal of the May 2000 RO decision regarding his claims for service connection and increased evaluation. As such, these issues are dismissed.

The VA denied a rating greater than 30 percent for the veteran's hypothyroidism, finding that it did not meet the criteria for such an increase based on the absence of muscular weakness, mental disturbance, and weight gain.