Citation Nr: 21000683
Decision Date: 01/05/21	Archive Date: 01/05/21

DOCKET NO. 16-35 939A
DATE: January 5, 2021

REMANDED

Entitlement to service connection for hypertension is remanded.

REASONS FOR REMAND

The Veteran served on active duty from January 1966 to January 1968, to include service in the Republic of Vietnam.  

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office.  It was remanded by the Board in July 2019.  

The Veteran claims entitlement to service connection for hypertension.  In his March 2012 claim he asserted that either his hypertension had been caused by herbicide agent (Agent Orange) exposure, or that it was caused secondary to his service-connected type 2 diabetes mellitus.  In a July 2019 written brief presentation the Veteran’s representative asserted a claim for direct service connection indicating that the Veteran either had:  hypertension during service, pre-hypertension during service, or amalgam dental fillings during service which caused hypertension.  

In December 2016, a VA Compensation and Pension examination of the Veteran was conducted.  However, the examiner did not review the evidence of record, nor did he provide any medical opinions.  Accordingly, in July 2019, the Board remanded the matter for another examination and opinion.  

An undated Exam Scheduling Request Contention Cancellation indicates that the requested examination was cancelled at the Veteran’s request.  In a July 2020 written brief presentation, the Veteran’s representative points out that there is no documentation in the file from the Veteran showing he cancelled the examination or documentation that he was notified of any pending examination.  The Board notes that the Veteran has not contended that he did not cancel the examination.  In any event, an opinion is still necessary in this case and it appears that an opinion may be obtained without examination of the Veteran.  As such, remand is necessary to obtain an opinion.     

This matter is REMANDED for the following action:

Send the Veteran’s file to an appropriate examiner for review and an opinion as to whether it is at least as likely as not (50 percent probability or greater) that any current hypertension is related to an in-service injury, event, or disease, to include receipt of amalgam dental fillings during service, or exposure to herbicide agents during service.  

The examiner is also asked to address whether any current hypertension is at least as likely as not (a) caused by, or (b) aggravated by (worsened beyond natural progression) service-connected diabetes mellitus.  

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A rationale for all opinions expressed is requested as adjudicators are precluded from making any medical findings. 

 

Nathan Kroes

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Havelka, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.