Citation Nr: 1031840 Decision Date: 08/25/10 Archive Date: 09/01/10 DOCKET NO. 06-28 933 ) DATE ) ) On appeal from the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida THE ISSUE Entitlement to service connection for hypertension. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Mary C. Suffoletta, Counsel INTRODUCTION The Veteran served on active duty from May 1963 to March 1987. This matter comes to the Board of Veterans' Appeals (Board) on appeal from an April 2004 rating decision that, in pertinent part, denied service connection for hypertension. The Veteran timely appealed. In July 2007, the Veteran withdrew his prior request for a Board hearing, in writing. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the Veteran and his representative when further action is required. REMAND The Veteran's service personnel records reflect that he served on active duty for more than twenty years from May 1963 to March 1987. While there are a few treatment records in the claims file, it does not appear that the records are complete. Service treatment records in the claims file are dated from 1978 to 1987. There are no service treatment records in the claims file for the period of active service from 1963 to 1978. The Veteran has indicated that he underwent treatment and received medications for high blood pressure in active service in 1975 at the Wiesbaden Air Force Hospital in Bonn, Germany. The claims file does not contain either hospital or outpatient treatment records. In October 2005, the Veteran reported that he received medical treatment for hypertension at the Parris Island Branch Medical Clinic in Beaufort, South Carolina, in 1985 and 1986. The RO or AMC should specifically seek the Veteran's authorization for release of these medical records. VA is obliged to assist a Veteran to obtain evidence pertinent to his claim. See 38 U.S.C.A. § 5103A (West 2002). Records in the claims folder show that the Veteran is receiving Social Security benefits based upon disability. The medical evidence that was used by SSA to award disability benefits has not been obtained. The Court has held that when VA is put on notice of the existence of relevant SSA records, VA must seek to obtain those records before proceeding with the appeal. Lind v. Principi, 3 Vet. App. 493, 494 (1992). VA also is obliged to provide an examination when the record contains competent evidence that the claimant has a current disability or signs and symptoms of a current disability, the record indicates that the disability or signs and symptoms of disability may be associated with active service; and the record does not contain sufficient information to make a decision on the claim. 38 U.S.C.A. § 5103A(d) (West 2002). The evidence of a link between current disability and service must be competent. Wells v. Principi, 326 F.3d 1381 (Fed. Cir. 2003). The Veteran contends that his hypertension had its onset in service. He is competent to testify on factual matters of which he has first-hand knowledge. Washington v. Nicholson, 19 Vet. App. 362 (2005). Available service treatment records do not reflect any findings or complaints of elevated blood pressure or of hypertension. On a "Report of Medical History" completed by the Veteran in November 1986, he checked "no" in response to whether he ever had or now had high or low blood pressure. During a VA examination in November 2005, blood pressure readings were as follows: 108/60 (lying, right arm); 110/62 (lying, left arm); and 106/68 (sitting, left arm). Hypertension was not found. Significantly, however, post service treatment records do in fact show a diagnosis of hypertension. Both VA treatment records and private treatment records, dated during the year 2002, include assessments of hypertension. Since then, the Veteran has contended that his hypertension is a result of his service-connected post-traumatic stress disorder (PTSD). In August 2006, the Veteran indicated that his PTSD aggravated his hypertension. Under these circumstances, the Board finds that an examination is needed to obtain an informed medical opinion as to the likely etiology of the Veteran's current hypertension, to include whether the initial onset occurred during active service or if the disability is otherwise related to his active service. 38 U.S.C.A. § 5103A; 38 C.F.R. § 3.159(c)(4) (2009). Accordingly, the case is REMANDED for the following action: 1. Undertake appropriate action to obtain the Veteran's complete service treatment records for his period of active duty in the U.S. Marine Corp from May 1963 to March 1987. Send a copy of the Veteran's separation document with the request. All records and/or responses received should be associated with the claims file. 2. Take appropriate action to obtain the Veteran's hospital clinical records and/or outpatient treatment records for treatment of high blood pressure in 1975 at the Wiesbaden Air Force Hospital in Bonn, Germany. The Veteran was assigned at the time to the Marine Security Guard Program, and was the NCOIC of the Marine detachment in Bonn, Germany. Send a copy of the Veteran's separation document with the request. All records and/or responses received should be associated with the claims file. 3. After obtaining any necessary authorization from the Veteran, please request treatment records that pertain to the claim for service connection for hypertension from the Parris Island Branch Medical Clinic in Beaufort, South Carolina, in 1985 and 1986; and associate them with the claims folder. 4. Obtain copies from the Social Security Administration of the determination which awarded benefits to the Veteran and the medical records (other than VA treatment records) used as a basis to award those benefits. 5. Afford the Veteran a VA examination to identify all current disability underlying his current complaints of hypertension and the likely etiology of elevated blood pressure readings. The claims file must be made available to the examiner for review. The examiner is requested to determine: For any disability exhibited by elevated blood pressure, the examiner should indicate whether it is at least as likely as not (50 percent probability or more) that it had its clinical onset in service, or is otherwise related to active duty; and if not, whether there is a 50 percent probability or more that the Veteran's service-connected PTSD caused or permanently increased the severity of the disability. If any disability exhibited by elevated blood pressure was permanently increased in severity due to a service- connected disability, it should be specified what portion of current disability exhibited by elevated blood pressure is due to a service-connected disability. The examiner should reconcile any opinion with the service treatment records and post-service treatment records. The examiner should provide a rationale for the opinions. The Veteran's claims file, to include a complete copy of this REMAND, must be provided to the examiner designated to examine the Veteran, and the examination report should note review of the file. 6. After ensuring that the requested actions are completed, the RO or AMC should re-adjudicate the claim on appeal. If the benefits sought are not fully granted, the RO or AMC must furnish a supplemental statement of the case (SSOC), before the claims file is returned to the Board, if otherwise in order. No action is required of the Veteran until he is notified by the RO or AMC; however, the Veteran is advised that failure to report for any scheduled examination may result in the denial of his claim. 38 C.F.R. § 3.655 (2009). The Veteran has the right to submit additional evidence and argument on the matter or matters the Board has remanded. Kutscherousky v. West, 12 Vet. App. 369 (1999). This claim must be afforded expeditious treatment. The law requires that all claims that are remanded by the Board of Veterans' Appeals or by the United States Court of Appeals for Veterans Claims for additional development or other appropriate action must be handled in an expeditious manner. See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2009). _________________________________________________ MICHAEL MARTIN Acting Veterans Law Judge, Board of Veterans' Appeals Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims. This remand is in the nature of a preliminary order and does not constitute a decision of the Board on the merits of your appeal. 38 C.F.R. § 20.1100(b) (2009).