Thyroid disorder decisions — 2012

The Veteran's service-connected irritable bowel syndrome is currently rated as 10 percent disabling, effective November 14, 2007.

The Board denied service connection for hypothyroidism, degenerative disc disease of the lumbosacral spine, and spondylosis and spinal stenosis of the cervical spine. The conditions were not found to be related to service or any presumptive exposure.

The Veteran's nonservice-connected disabilities do not combine to 100 percent, nor is he over the age of 65 or deemed disabled by SSA. The medical evidence does not show that the Veteran is permanently and totally disabled.

The Board has determined that service connection is not warranted for CAD, diabetes mellitus, and hypothyroidism as they were not incurred during active duty or due to a service-connected disability.

The Veteran's hypothyroid disorder is currently controlled by medication and does not result in weight gain, mental sluggishness or fatigue. Therefore, an initial rating in excess of 10 percent for the condition is denied.

The Veteran's claims for service connection for Eaton Lambert Syndrome and hypothyroidism are being remanded due to the need for a VA examination, as well as the need to obtain Social Security Administration records related to his disability benefits.

The Veteran's claim for service connection for hypertension, cervical spine disorder, heart condition, digestive disorder, thyroid disorder (secondary to herbicide exposure), and erectile dysfunction is granted. Service connection for PTSD has an effective date of July 7, 2004. The right knee disability remains rated at 10 percent.

The Board found that the Veteran's non-malignant thyroid nodular disease was not incurred in or aggravated by active military service, nor may it be presumed to have been so incurred. The advisory opinion from the Under Secretary determined that it is unlikely that the Veteran's condition can be attributed to exposure to ionizing radiation during service.

The Veteran's appeals for service connection on multiple conditions have been dismissed as the Veteran withdrew his appeals during a hearing before the Board of Veterans' Appeals.

The Veteran's claims for increased ratings for arthritis of the left elbow and hypothyroidism are being remanded due to the need for additional medical examinations and evaluations.

The Veteran's claims for service connection for diabetes mellitus, peripheral neuropathy of the bilateral upper and lower extremities, thyroid disability, and psychiatric disability are all denied as there is no evidence of a current disability or link to service.

The Veteran's appeals of the denials of service connection for COPD and a thyroid disorder were not perfected, and the Board lacks jurisdiction to consider these issues.

The Board has reduced the Veteran's disability rating for residuals of thyroid cancer from 100 percent to 30 percent, effective June 1, 2008. The reduction is based on improvement in symptoms and ability to work.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted because the additional disability of hypothyroidism was proximately caused by VA carelessness in its failure to obtain proper informed consent prior to performing surgery.

The Veteran's claimed thyroid lesion and left lower lung nodule were not found to be related to his service, including presumed exposure to Agent Orange. The Board denied the claims of service connection for these conditions.

The Veteran's squamous cell carcinoma and thyroid cancer were not incurred in or aggravated by service, nor may it be presumed to have been incurred in service.

The Veteran's thyroid disease was initially diagnosed within one year of his discharge from active service and is considered to be related to service. The psychiatric disorder, claimed as secondary to a service-connected low back disability, has not been conclusively linked to the service-connected condition.

The Board has remanded the case for additional development, including obtaining a VA examination and reviewing the claims file to determine if there is evidence that supports or contradicts the Veteran's claim of service connection for residuals of thyroid cancer due to ionizing radiation in service.

The Board has determined that the Veteran's skin cancer and thyroid disorder are not related to service, including exposure to ionizing radiation.,There is no evidence of a nexus between the Veteran's current skin cancer or thyroid disorder and his military service.

The Board has determined that the Veteran's claims for service connection have been denied due to lack of new and material evidence.