Citation Nr: 18116131
Decision Date: 07/05/18	Archive Date: 07/05/18

DOCKET NO. 14-41 025
DATE:	July 5, 2018
REMANDED
Entitlement to a compensable initial disability rating for hypertension is remanded.
REASONS FOR REMAND
The Veteran had active service from September 1980 to January 1983.  This matter comes before the Board on appeal from a January 2012 rating decision.  The Veteran testified at a hearing before the undersigned Veterans Law Judge in April 2018.  A transcript of that hearing is of record.  
Entitlement to a compensable initial disability rating for hypertension is remanded.
Since the issuance of the last supplemental statement of the case in June 2017, the Veteran testified that he was hospitalized in December 2017 from complications due to his medications for hypertension.  He indicated that he went off that medication for a time, and went back on the medication two weeks prior to his April 2018 hearing.  Further, the Veteran indicates that he was treated for his hypertension and medication adjustments in February 2018 at a VA facility.  The record indicates that the Veteran contends his condition has worsened, causing hospitalization, and that there are relevant outstanding VA treatment records, for which the Veteran has not waived RO consideration.  As such, the matter must be remanded to obtain medical records relevant to the issue on appeal.
The matter is REMANDED for the following action:
1. In coordination with the Veteran, obtain any outstanding records related to the Veteran’s December 2017 hospitalization at Mobile Infirmary.  Further, VA treatment records since June 2017 should be obtained.
For private treatment records, make at least two attempts to obtain records from any identified sources.  If any such records are unavailable, inform the Veteran and afford him an opportunity to submit any copies in his possession.
For federal records, all reasonable attempts should be made to obtain such records.  If any records cannot be obtained after reasonable efforts have been made, issue a formal determination that such records do not exist or that further efforts to obtain such records would be futile, which should be documented in the record.  The Veteran must be notified of the attempts made and why further attempts would be futile, and allowed the opportunity to provide such records, as provided in 38 U.S.C. § 5103A (b)(2) and 38 C.F.R. § 3.159 (e).]
2.  After completion of the above, and any additional development indicated by the additional evidence received, to include VA examination, review the expanded record, including the evidence entered since the last supplemental statement of the case, and determine whether a compensable initial rating is warranted.  If the benefit sought remains denied, furnish the 
 
Veteran and his representative with a supplemental statement of the case.  A reasonable period should be allowed for response before the appeal is returned to the Board.
 
U. R. POWELL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	J. Baker, Associate Counsel