Citation Nr: 21065987 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 19-32 556 DATE: October 28, 2021 ORDER Entitlement to service connection for chronic hypertensive kidney disease is granted. FINDINGS OF FACT 1. The Veteran's exposure to herbicide agents during service in the Republic of Vietnam during the Vietnam era is presumed. 2. The Veteran's medical evidence confirms a current diagnosis of chronic hypertensive kidney disease. 3. The evidence is in equipoise as to whether the Veteran's currently diagnosed chronic hypertensive kidney disease is related to his presumed exposure to herbicide agents during Vietnam service. CONCLUSION OF LAW The criteria to establish service connection for chronic hypertensive kidney disease are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from July 1969 to February 1971. This appeal stems from a February 2018 rating decision. The Board previously remanded the claim in March 2021. Service Connection for Chronic Hypertensive Kidney Disease The Veteran asserts that his chronic renal disease is the result of his hypertension and that both were caused by his exposure to herbicide agents in Vietnam. Initially, the Board notes that the Veteran is currently diagnosed with chronic hypertensive kidney disease. See e.g., March 2017 private treatment records. Additionally, by definition, hypertensive is defined as an agent that causes hypertension. See Dorland's Illustrated Medical Dictionary (32nd ed. 2012). VA laws and regulations provide that, if a veteran was exposed to herbicide agents during service, certain listed diseases are presumptively service connected. 38 U.S.C. § 1116(a)(1); 38 C.F.R. § 3.309(e). 38 C.F.R. § 3.309(e) lists the diseases covered by the regulation. The Secretary of VA has determined that there is no positive association between exposure to herbicides and any other condition for which the Secretary has not specifically determined that a presumption of service connection is warranted. See Notice, 59 Fed. Reg. 341-46 (1994); Notice, 61 Fed. Reg. 41, 442-49 (1996); Notice, 72 Fed. Reg. 32, 395-32, 407 (Jun. 12, 2007); Notice, 74 Fed. Reg. 21,258-21, 260 (May 7, 2009); Notice, 75 Fed. Reg. 32540 (June 8, 2010). Hypertensive kidney disease is not one of the diseases listed under 38 C.F.R. § 3.309(e). Presumptive service connection is therefore not warranted. Notably however, the NAS, on November 15, 2018, upgraded hypertension from "limited" evidence to the category of "sufficient" evidence of an association from its previous classification in the "limited or suggestive" category," indicating that there is enough epidemiologic evidence to conclude that there is a positive association between hypertension and exposure to herbicides, including Agent Orange. See National Academy of Science November 2018 update report titled, Veterans and Agent Orange Update 11 (2018). The Board finds the study provided by the NAS, which is comprised of experts in field of science, is probative favorable evidence as to the issue at hand. Additionally, the Veteran provided a VA study that yielded strong evidence between herbicides and high blood pressure in Vietnam-era veterans. See March 2018 correspondence. Here, it is indisputable that the diagnosed hypertensive kidney disease is due to the high blood pressure. Given this evidence, the Board finds that service connection for hypertensive kidney disease is warranted. The claim is therefore granted. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102. S. B. MAYS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Yaffe, 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.