Citation Nr: 1305798 Decision Date: 02/20/13 Archive Date: 02/27/13 DOCKET NO. 10-23 497 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Des Moines, Iowa THE ISSUE Entitlement to service connection for hypertension. REPRESENTATION Appellant represented by: Disabled American Veterans WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD D.J. Drucker, Counsel INTRODUCTION The Veteran had active military service in the United States Air Force from July 1967 to July 1971. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a January 2009 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Des Moines, Illinois. In December 2012, the Veteran, sitting at the RO, testified during a hearing conducted via videoconference with the undersigned Veterans Law Judge sitting at the Board's main office in Washington, D.C. A transcript of the hearing is of record. The appeal is REMANDED to the RO via the Appeals Management Center (AMC), in Washington, DC. VA will notify the appellant if further action is required. REMAND There appear to be some outstanding medical records in the Veteran's possession. In an August 22, 2008 statement, the Veteran wrote that he "found some old records that show I have been diagnosed with hypertension." During his Board hearing, the Veteran testified that he was treated for migraine headaches within a year after his discharge that that Veteran believed were associated with hypertension. He stated that a now-deceased private physician treated him for migraine headaches and that he "might have one or two [records] of that date, that period". See Board hearing transcript at page 2. Further, the Veteran said that, sometime between 1987 and 1990, he was treated for a cut leg at Anamosa Hospital and noted to have high blood pressure. Id. at 7-8. Because records of such treatment could be relevant to his claim, VA has a duty to seek them. Accordingly, the case is REMANDED for the following action: 1. Ask the Veteran to submit any additional medical records in his possession that address his treatment for hypertension. He should identify any additional outstanding VA or private treatment medical records pertaining to his claimed hypertension. 2. Ask the Veteran to complete an authorization to obtain records of his treatment from Anamosa Hospital for hypertension. Tell the Veteran that if he does not provide the authorization he may obtain the records himself and submit them to VA. If any requested records cannot be obtained, so advise the Veteran; tell him what efforts were made to obtain the records and what additional efforts will be made with regard to his claim. Ordinarily at least two requests for the record will be required unless it is reasonably certain that further efforts would be futile. 3. If evidence is received indicating that current hypertension may be related to service, afford the Veteran a VA examination to obtain an opinion as to whether current hypertension is the result of a disease or injury in service (including whether hypertension was present to compensable degree within one year after service). 4. If any benefit sought on appeal remains denied, issue a supplemental statement of the case. Then return the case to the Board, if otherwise in order. No action is required of the Veteran until he is notified by the RO; 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 (2012). The appellant 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. 2012). _________________________________________________ Mark D. Hindin 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) (2012).