THYROID ENLARGEMENT TOXIC (GRAVES' DISEASE OR THYROTOXICOSIS)

Summary

The veteran served from May 1980 to December 1980. The veteran appeals the denial of service connection for a thyroid disability, contending it is due to a fungal dermatitis incurred in service. The Board of Veterans' Appeals (Board) denied the claim, finding that the weight of the evidence was against the veteran's assertion. Service treatment records were silent regarding any thyroid disability or fungal dermatitis. While the veteran noted exposure to water, firefighter foam, and burn pits on a VA claim form, he did not specifically link his thyroid disability to a fungal infection, nor did the evidence show any toxin exposure. The Board determined that a VA examination was unnecessary because the veteran failed to meet the low bar set by McLendon v. Nicholson, as there was no competent evidence of an in-service event, injury, or disease, nor any indication that the claimed disability may be associated with service. The earliest documentation of a thyroid disability was many years post-service, and the veteran, lacking medical training, could not competently assert a link to a later diagnosis. As the persuasive weight of the evidence was against the claim, the benefit-of-the-doubt doctrine did not apply, and service connection was denied.

Rationale

No competent evidence of in-service event, injury, or disease; No indication of association between disability and service; Earliest documentation of thyroid disability was years after service; Veteran lacks medical training to assert link to later diagnosis

Full Decision Text

Citation Nr: A26038159
Decision Date: 04/23/26	Archive Date: 04/23/26

DOCKET NO. 240105-406812
DATE: April 23, 2026

ORDER

Entitlement to service connection for a thyroid disability is denied.

FINDING OF FACT

The weight of the evidence is against finding that the Veteran's thyroid disability is related to service. 

CONCLUSION OF LAW

The criteria for entitlement to service connection for a thyroid disability have not been met. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. §§ 3.102, 3.159, 3.303. 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served from May 1980 to December 1980.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a December 2023 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO).

In a January 2024 VA Form 10182 Notice of Disagreement (NOD), the Veteran requested a hearing before the Board and an opportunity to submit evidence at the hearing and within 90 days following the hearing. 38 C.F.R. § 20.202. 

In December 2025, the Veteran testified at a hearing before the undersigned Veterans Law Judge; a transcript of the hearing is of record.

SERVICE CONNECTION

Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). As a general matter, service connection for a disability requires evidence of: (1) the existence of a current disability; (2) the existence of the disease or injury in service, and; (3) a relationship or nexus between the current disability and any injury or disease during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004).  

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination, the claimant is given the benefit of the doubt. To deny a claim on its merits, the weight of the evidence must persuasively stand against a finding that the evidence is in "approximate balance" or "nearly equal" to the evidence that supports the claim. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021) (en banc).

1. Entitlement to service connection for a thyroid disability is denied.

The Veteran contends that his thyroid disability is due to service. The Veteran asserts that his thyroid disability is due to fungal dermatitis he incurred in service. See December 2025 Hearing Transcript.

Service treatment records are silent for any signs, symptoms, and/or diagnosis of a thyroid disability or fungal dermatitis.  

The Board notes that on his June 2023 VA Form 21-5267EZ, Fully Developed Claim (Compensation), the Veteran noted that he had exposure to water, firefighter foam, and burn pits. However, the Veteran did not claim that his thyroid disability was due to a fungal infection in service. Additionally, the persuasive evidence of record did not show that the Veteran had any exposure to toxins. See October 2023 TERA memorandum.  

VA must provide a medical examination and medical opinion where there is (1) competent evidence of a current disability or persistent or recurrent symptoms of a disability, and (2) evidence establishing that an event, injury, or disease occurred in service or establishing certain diseases manifesting during an applicable presumptive period for which the claimant qualifies, and (3) an indication that the disability or persistent or recurrent symptoms of a disability may be associated with the veteran's service or with another service connected disability, but (4) insufficient competent medical evidence on file for the VA to make a decision on the claim. McLendon v. Nicholson, 20 Vet. App. 79, 81-82 (2006).

The Veteran did not undergo a VA examination for the condition, and nexus opinions have not been sought, but the Board finds that a VA opinion is not necessary. Although McLendon sets a low bar, that bar has not been met here. Here, there is no competent evidence that establishes that the Veteran suffered an event, injury, or disease in service or that the claimed disability or symptoms may be associated with an established event, injury or disease in service or with another service-connected disability. See McL
 or with another service connected disability, but (4) insufficient competent medical evidence on file for the VA to make a decision on the claim. McLendon v. Nicholson, 20 Vet. App. 79, 81-82 (2006).

The Veteran did not undergo a VA examination for the condition, and nexus opinions have not been sought, but the Board finds that a VA opinion is not necessary. Although McLendon sets a low bar, that bar has not been met here. Here, there is no competent evidence that establishes that the Veteran suffered an event, injury, or disease in service or that the claimed disability or symptoms may be associated with an established event, injury or disease in service or with another service-connected disability. See McLendon, 20 Vet. App. at 81-82. The Veteran has not submitted any statements or documents relating to his thyroid disability to show chronicity. However, the earliest documentation of a thyroid disability was many years after service. The Veteran lacks the medical training and credentials to competently assert that his thyroid disability is related to a diagnosis first made years after service. Jandreau v. Nicholson, 492 F.3d 1372, 1376-77 (Fed. Cir. 2007).

The Board finds that the persuasive weight of the evidence is against the Veteran's claim. The evidence of record does not reflect any diagnosis of a thyroid disability until years after service and contains no medical opinions supporting his claim. As the persuasive weight of the evidence is against the claim, the benefit-of-the-doubt doctrine does not apply, and the claim is denied. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Lynch v. McDonough, 21 F. 4th 776 (Fed. Cir. 2021).

 

 

Marcus N. Fulton

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Love, Kelsey

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.