Citation Nr: 21064737 Decision Date: 10/21/21 Archive Date: 10/21/21 DOCKET NO. 18-52 212 DATE: October 21, 2021 REMANDED Entitlement to service connection for hypertension, to include as due to herbicide exposure, is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from September 1962 to September 1964 and from March 1965 to December 1976. This matter originally came before the Board of Veterans' Appeals (Board) on appeal from a June 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In December 2020, the Board issued a decision denying service connection for hypertension. The Veteran appealed the matter to the Court of Appeals for Veterans Claims (Court), which vacated, in part, the December 2020 Board decision, pursuant to a July 2021 Joint Motion for Partial Remand (JMPR). The Court remanded the matter for action consistent with the terms of the JMPR. 1. Entitlement to service connection for hypertension, to include as due to herbicide exposure is remanded. In the July 2021 JMPR, the parties agreed that the matter should be remanded, as the Board failed to ensure that the VA complied with its duty to assist. They noted that this failure resulted in an inadequate statement of reasons or bases as to hypertension in the December 2020 Board decision. The parties specifically noted that the December 2019 VA hypertension examination provided an inadequate opinion as to the likelihood that the condition is related to herbicide exposure. The examiner opined that hypertension is not a presumed illness due to Agent Orange and that, therefore, it is less likely than not that the Veteran's hypertension is due to herbicide agents. The parties found the opinion to be inadequate, as the examiner failed to provide his own medical opinion that applied the facts of the Veteran's case. The parties concluded that upon remand, the Board must ensure that an adequate VA examination is obtained regarding the relationship between the Veteran's hypertension and herbicide exposure. Accordingly, the matter must be remanded in order to obtain an adequate VA examination and opinion. See Stegall v. West, 11 Vet. App. 268 (1998) (holding that a remand confers on the claimant, as a matter of law, the right to compliance with the remand order). The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination to determine the nature and etiology of his hypertension. Any indicated evaluations, studies, or tests deemed necessary by the examiner should be accomplished. The entire claims file, to include a complete copy of this REMAND, should be made available to the examiner designated to provide an opinion and the examination report should include a discussion of the Veteran's documented medical history and assertions. The examiner must address the following: (a.) Determine whether it is at least likely as not (a 50 percent probability or greater) that the Veteran's hypertension was incurred in or caused by his active duty service, to include as due to herbicide exposure. The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries and that his reports must be taken into account in formulating the requested opinions. The examiner must provide rationale for all proffered opinions. If the examiner is unable to provide any required opinion, he or she should explain why. If the examiner cannot provide an opinion without resorting to mere speculation, he or she shall provide a complete explanation as to why this is so. If the inability to provide a more definitive opinion is the result of a need for additional information, the examiner should identify the additional information that is needed. A. S. CARACCIOLO Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Watkins, Associate 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.