Citation Nr: 18149387
Decision Date: 11/09/18	Archive Date: 11/09/18

DOCKET NO. 15-03 865
DATE:	November 9, 2018

REMANDED
The issue of entitlement to a compensable initial rating for hypertension is remanded.
REASONS FOR REMAND
The Veteran served on active duty from February 1967 to October 1970. 
This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2014 rating decision of the Department of Veterans Affairs (VA) Appeals Management Center in Washington, DC.  
Please note that the currently pending claim of entitlement service connection for Parkinson’s disease will be addressed in a separate decision.  On August 16, 2018, the Federal Circuit ordered the appeal of Procopio v. Wilkie, No. 17-1821 (U.S. Fed. Cir.).  The order stated that the questions before the Federal Circuit include the following: “Does the phrase ‘served in the Republic of Vietnam’ in 38 U.S.C. § 1116 unambiguously include service in offshore waters within the legally recognized territorial limits of the Republic of Vietnam, regardless of whether such service included presence on or within the landmass of the Republic of Vietnam?” As of the date of this decision, Procopio is pending. As the claim of entitlement to service connection for Parkinson’s disease may be affected by the resolution of Procopio, the Board will “stay” or postpone action on that matter.
Increased Rating for Hypertension is Remanded
The Veteran asserts that he is entitled to a compensable initial rating for hypertension. 
In an August 2014 notice of disagreement, the Veteran stated that his VA primary care provider prescribed him Atenolol and Prinvil to control his hypertension.  While the claims file includes some VA treatment records, treatment records after May 2015 have not been associated with the claims file.  As such, any additional relevant VA treatment records should be obtained and associated with the claims file on remand.  See 38 C.F.R. § 3.159(c)(2); Bell v. Derwinski, 2 Vet. App. 611 (1992); see also Stefl v. Nicholson, 21 Vet. App. 120, 125 (2007) (an adequate VA medical examination must consider the Veteran’s pertinent medical history).  The Veteran should also be provided an opportunity to submit any relevant private treatment records, or authorize VA to obtain the records on his behalf.
Additionally, the record reveals that the Veteran’s hypertension has increased in severity since the Veteran was last examined by VA.  A December 2008 VA progress noted documented his blood pressure as 146/79.  A November 2010 VA treatment record reveals a blood pressure reading on 137/70.  An April 2014 VA examination found his average blood pressure to be 140/80.  January 2015 VA progress notes recorded the Veteran’s blood pressure as 146/82.   Given that it has been over four years since the Veteran was last examined, and the evidence suggests that his hypertension disability has worsened, an additional VA examination is needed.  See Allday v. Brown, 7 Vet. App. 517, 526 (1995) (where the record does not adequately reveal current state of disability, fulfillment of duty to assist requires a contemporaneous medical examination); Caffrey v. Brown, 6 Vet. App. 377, 381 (1994) (holding that VA is obligated to provide a new examination when evidence indicates that a service-connected condition has become more severe). 
The matter is REMANDED for the following action:
1. Obtain the Veteran’s VA treatment records for the period from May 2015 to the present.
2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected hypertension.  The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria.  
 
S. C. KREMBS
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	I. Altendorfer, Associate Counsel