Citation Nr: 18160292
Decision Date: 12/26/18	Archive Date: 12/26/18

DOCKET NO. 09-17 078
DATE:	December 26, 2018
REMANDED
Entitlement to service connection for hypertension to include as due to exposure to herbicides is remanded.
REASONS FOR REMAND
The Veteran had active service in the Navy from September 1958 to February 1962, October 1962 to April 1963, and June 1963 to May 1978.
A May 2017 Board decision denied service connection for hypertension. The Veteran appealed that decision to the United States Court of Appeals for Veterans Claims (Court). In a June 2018 order, the Court granted a Joint Motion for Remand (JMR), vacating the Board’s May 2017 decision and remanding the case to the Board for action consistent with the JMR.
1. Entitlement to service connection for hypertension to include as due to exposure to herbicides is remanded.
In a June 2018 JMR, the parties agreed that the Board failed to satisfy its duty to assist as there is no evidence that VA attempted to obtain the Veteran’s missing entrance and separation examinations from service.  Additionally, the parties found that the Board did not make proper request for April 2008 VA treatment records concerning blood pressure readings; June or July 1979 records from the Veteran’s reported hospitalization at a VA medical center located in Vancouver, Washington; and February 2015 private lab reports from Cleveland Heart Labs. 
Therefore, on remand, these outstanding records must be requested and associated with the claims file.
The matter is REMANDED for the following action:
1. Contact all appropriate institutions to obtain the Veteran’s complete service treatment records, including specifically the missing service treatment records to include enlistment and separation examination reports from active service.
Any negative responses must be documented. If such service treatment records are unavailable, then the RO must notify the Veteran and his representative. 
2. Obtain and associate with the claims file the following VA treatment records:
All updated or outstanding VA outpatient treatment records to include specifically:
-VA Treatment record of the VA medical center located in Vancouver, Washington dated June or July 1979.
-April 2008 VA treatment records containing blood pressure readings  
Any negative responses must be documented. If such VA treatment records are unavailable, then the RO must notify the Veteran and his representative. 
3. Ask the Veteran to identify any outstanding private and other non-VA treatment records relevant to the remanded claim and to complete release forms so the RO can request those records. Specifically, the Veteran should provide completed release forms for the following non-VA provider:
-Cleveland Heart Labs, to include treatment records from February 2015. 
Any negative responses must be documented. If such private treatment records are unavailable, then the RO must notify the Veteran and his representative.

 
MATTHEW W. BLACKWELDER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Dworkin, Associate Counsel