Thyroid disorder decisions — 2004

The Board denied the veteran's increased rating claims for his service-connected hyperthyroidism and lumbar and thoracic scoliosis, finding that the evidence did not support a higher disability rating under the applicable criteria.

The Board found that the appellant's preexisting thyroid disorder was not aggravated by her military service and denied her claim for service connection.

The Board denied the veteran's claims for a rating in excess of 10 percent for hypothyroidism and service connection for hepatitis C, finding that there was no evidence to support these claims.

The Board found that the veteran's service-connected status post subthyroidectomy requires continuous medication for control, but her complaints of fatigue have not been attributed to the disability and there is no evidence of mental sluggishness. Therefore, a higher rating in excess of 10 percent was denied.

The veteran's claims for service connection were denied as his claimed conditions are not shown to be related to his military service.

The Board denied the veteran's claims for service connection for PTSD and thyroid cancer, finding that there was no credible supporting evidence of in-service stressors or exposure to ionizing radiation. The veteran's diagnoses were not supported by verified stressors.

The Board found that the veteran's hypothyroidism was a reasonably foreseeable consequence of his radiation therapy for larynx cancer in 1993, but denied compensation under 38 U.S.C.A. § 1151 as it did not meet the criteria for negligence or carelessness on part of VA.

The Board has remanded the veteran's claims for specially adaptive housing, special home adaptation, and aid and attendance benefits due to conflicting opinions and incomplete medical records.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling the veteran for examinations to assess her right flank pain, thyroid disease, and migraines.

The Board found that the veteran's thyroid cancer is related to his exposure to herbicides in Vietnam, and granted service connection for this condition.

The Board has determined that additional development is necessary prior to completion of its appellate review, including obtaining records from private physicians identified by the veteran and previously associated with RWJUMG.

The Board has determined that the veteran's post-traumatic-stress-disorder and thyroid cancer are related to his military service, including exposure to herbicides. The veteran did not engage in combat with the enemy, but provided sufficient evidence of stressors for PTSD. Thyroid cancer is considered a new condition due to military service.

The Board denied the veteran's claims for service connection for the cause of his death and dependency and indemnity compensation under 38 U.S.C.A. § 1318, finding that neither condition was related to his military service.

The Board has restored the appellant's original 30 percent disability rating for hyperthyroidism, status post radioiodine ablation with secondary hypothyroidism, as the reduction was improper due to failure to comply with VA regulations.

The veteran's claims for increased PTSD rating and service connection for throat tumors due to herbicide exposure were denied. The VA found that the current evidence did not meet the criteria for a higher rating for PTSD, and there was no evidence of throat tumors related to herbicide exposure.

The Board found that the veteran's claimed conditions of hypothyroidism and nephrolithiasis were not incurred in or aggravated by service, nor are they associated with exposure to herbicides. Therefore, service connection for these conditions was denied.

The Board found no evidence linking the veteran's cause of death to his period of active military service and denied the claim for service connection.

The veteran's claim for service connection for residuals of radiation exposure, including a thyroid disorder, is being remanded due to the need for clarification on other claimed conditions and additional VA outpatient treatment records.

The veteran's claim for an increased rating for his service-connected hypothyroidism is being remanded due to the need for additional development, including obtaining medical records and arranging for a VA examination.

The Board denied the appellant's claims for increased evaluation for hyperthyroidism with secondary hypothyroidism and service connection for obesity, hypertension, and type II diabetes mellitus, all claimed as secondary to his service-connected hyperthyroidism with secondary hypothyroidism.