Thyroid disorder decisions — 2008

The veteran's appeals for service connection for various conditions were denied. The Board found no evidence of pleural thick thickening, and the preponderance of the evidence did not support service connection for memory loss or chronic fatigue.

The Board denied the veteran's claims for service connection for hypertension, benign prostatic hypertrophy, and hypothyroidism. The reasons given were that there was no evidence of a nexus between these conditions and active military service or any service-connected condition.

The veteran's appeal is being remanded for additional development, including a VA examination to determine the likely etiology of his hepatitis C and any secondary service connection claims.

The veteran's service-connected low back disability warrants a 20 percent rating effective March 9, 2005. Her anxiety disorder is rated as 10 percent disabling.

The VA denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 because there was no evidence of negligence or other fault on the part of VA in providing medical treatment, and the occurrence of a complication does not demonstrate fault.

The Board has granted service connection for hypothyroidism, bilateral cataracts, mechanical low back pain, and a left thumb cyst. The veteran's bilateral leg condition (shin splints) is not considered service-connected.

The VA denied the veteran's claim for an initial disability rating in excess of 10 percent for hypothyroidism, finding that his condition does not meet the criteria for a higher rating based on symptoms such as constipation or mental sluggishness.

The Board found that the veteran's thyroidectomy residuals were well-controlled through medication and did not meet the criteria for a higher disability rating. The reduction from 100% to 30% was deemed appropriate based on her current condition.

The veteran's appeal has been dismissed due to his death.

The veteran's service connection claim for the residuals of postoperative thyroid cancer is granted, as his testimony qualifies him as a radiation-exposed veteran and thyroid cancer is presumed to be attributable to this exposure.

The Board has granted the veteran's claim for service connection for PTSD, finding that credible supporting evidence of the actual occurrence of an in-service stressor exists. The other two issues were dismissed as the appeal was withdrawn by the veteran.

The veteran's claims for service connection for low back disability, thyroid nodular disease, and bilateral cataracts are being remanded due to the need for a new dose estimate of ionizing radiation exposure. The claims will be reconsidered in light of the latest probability revisions from NIOSH.

The Board has determined that the veteran's claimed conditions, including cerebral vascular disease, diverticulitis, GERD, bilateral basal ganglia, hyperthyroidism, thyroid nodules, enlarged goiterous thyroid and multi-nodular goiter, were not incurred or aggravated by active military service. The evidence does not establish an in-service injury or event that could be linked to these conditions.

The Board found no evidence of current disability or persistent symptoms for either colon polyps or thyroid disorder, and thus denied service connection for both conditions.

The Board has reopened the veteran's claim for service connection for residuals of a thyroid disorder due to new evidence showing exposure to ionizing radiation. The case is referred to the Under Secretary for Benefits for further consideration under 38 C.F.R. § 3.311.

The VA denied the veteran's claim for service connection of hypothyroidism, finding that it was not caused by military service or radiation exposure.

The Board has granted a 100% rating for the period from October 1, 1993 to January 28, 1994 and reinstated this rating. The veteran's follicular carcinoma and its residuals are separately rated.

The Board denied the veteran's claims of service connection for prostate cancer, type II diabetes mellitus, hypothyroidism, and breathing problems, all to include as due to herbicide exposure in Vietnam. The evidence did not support a direct link between these conditions and his military service.

The Board has determined that the veteran does not have a current underlying disability related to chest pain or complaints of chest pain and there is no evidence he had chest pain or any underlying disability at any time during the processing of this claim. Therefore, service connection for chest pain is denied.

The Board finds that the veteran's thyroid cancer and multiple myeloma are related to his in-service exposure to ionizing radiation, granting service connection for both conditions.