Citation Nr: 19102003 Decision Date: 01/08/19 Archive Date: 01/08/19 DOCKET NO. 13-06 382A DATE: January 8, 2019 REMANDED Entitlement to service connection for residuals of malaria is remanded. Entitlement to a compensable disability rating for service-connected hypertension is remanded. Entitlement to an initial compensable rating for service-connected hepatitis C is remanded. Entitlement to an effective date prior to October 25, 2010 for the grant of service connection for hepatitis C is remanded. REASONS FOR REMAND The Veteran served on active duty, including from April 1966 to March 1969 and from February 1978 to December 1982. The August 2014 Certification of Appeal lists the issue of entitlement to an earlier effective date for service connection for hypertension. This issue, however, is not indicated in the January 2013 Statement of the Case and does not appear to be on appeal at the present time. It will not be further addressed here. 1. Entitlement to service connection for residuals of malaria is remanded. The Veteran was afforded a VA examination in February 2011 to determine the nature and etiology of his claimed residuals of malaria. The examiner indicated that the Veteran suffered from cardiac symptoms, specifically peripheral edema. However, the examiner did not provide a medical opinion as to whether the Veteran’s condition was a residual of his in-service malaria. Therefore, in order to properly adjudicate this appeal, the Board finds that a remand is necessary to obtain a factually accurate, fully articulated, and soundly reasoned medical opinion. 2. Entitlement to a compensable disability rating for service-connected hypertension is remanded. 3. Entitlement to an initial compensable rating for service-connected hepatitis C is remanded. The Veteran was afforded VA examinations to determine the severity of his service-connected hypertension and hepatitis C in February 2011. While the mere passage of time is not a basis for requiring a new examination, the Veteran contends that his service-connected hypertension has worsened since the prior examination. See December 2017 Statement in Support of Claim; Palczewski v. Nicholson, 21 Vet. App. 174 (2007). In addition, the Board finds that the February 2011 hepatitis C examination is unduly remote, and there is insufficient medical evidence on file from which the Board can accurately determine the current severity of the Veteran’s disability. Weggenmann v. Brown, 5 Vet. App. 281 (1993). Therefore, the Board finds that a remand is necessary to afford the Veteran new VA examinations to assess the current severity of his service-connected hypertension and hepatitis C. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). Additional outstanding treatment records should also be requested in conjunction with these issues. 4. Entitlement to an effective date prior to October 25, 2010 for the grant of service connection for hepatitis C is remanded. The Board finds that the claim for an earlier effective date is inextricably intertwined with the increased rating claim for hepatitis C, and, therefore, adjudication is deferred. Harris v. Derwinski, 1 Vet. App. 180 (1991). The matters are REMANDED for the following action: 1. Contact the Veteran and request authorization to obtain any outstanding records pertinent to his claims, including any private treatment records following proper VA procedures (38 C.F.R. § 3.159(c)). 2. Obtain a supplemental medical opinion from a clinician to determine the nature and etiology of the Veteran’s residuals of malaria. The entire claims file must be made available to the clinician, and the supplemental opinion should include discussion of the Veteran’s documented medical history and assertions. After reviewing the claims file, the examiner should answer the following questions: (a.) Does the Veteran suffer from residuals of malaria? (b.) If so, is it at least as likely as not (a fifty percent probability or greater) that the Veteran’s residuals of malaria began in service or are otherwise related to a disease, event, or injury in service? A complete rationale for any opinion provided is requested. 3. Arrange for the Veteran to undergo a VA medical examination to evaluate the severity of his hypertension and hepatitis C. The claims file must be reviewed by the examiner. The examiner must review the pertinent evidence, including the Veteran’s lay assertions, and undertake any indicated studies. In assessing the current severity of the Veteran’s hypertension and hepatitis C, the examiner is asked to use the most up-to-date Disability Benefits Questionnaire(s). Any significant effects on social and occupational impairment must be addressed. All opinions and conclusions reached by the examiner must be thoroughly explained. A. C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Mukherjee, Associate Counsel