Citation Nr: 21070082 Decision Date: 11/23/21 Archive Date: 11/23/21 DOCKET NO. 16-46 705A DATE: November 23, 2021 REMANDED Entitlement to service connection for hypertension, to include as due to herbicide exposure and as secondary to service-connected diabetes mellitus, is remanded. REASONS FOR REMAND The Veteran served on active duty in the U.S. Marine Corps from July 1971 to July 1975, to include service in Vietnam. The issue was remanded by the Board of Veterans' Appeals (Board) in December 2018 and May 2021 for further development. The most recent remand in May 2021 specifically instructed the regional office (RO) to obtain an addendum medical opinion pertaining to the Veteran's claim. Entitlement to service connection for hypertension, to include as due to herbicide exposure and as secondary to service-connected diabetes mellitus, is remanded. The Board finds that a new examination and etiological opinion is warranted for the Veteran's claim. The Veteran contends that his hypertension is related to herbicide exposure during his service in Vietnam, or in the alternative, as secondary to his service-connected diabetes mellitus. A VA examiner provided an addendum opinion in July 2021 based on a review of available records, without an in-person or a telehealth examination. In pertinent part, the examiner opined that the Veteran's hypertension was less likely than not related to or aggravated by his service-connected diabetes mellitus because his hypertension predated service and predated the diagnosis of diabetes by greater than 25 years. However, in Frost v. Shulkin, 29 Vet. App. 131 (2017), the Court held that the primary disability need not be service-connected, or even diagnosed, at the time the secondary condition is incurred in order for the veteran to be awarded service connection under 38 C.F.R. § 3.310(a). The fact that the Veteran's diabetes mellitus was diagnosed after the reported onset of the Veteran's hypertension does not preclude him from entitlement to secondary service connection for hypertension. Consequently, remand for a new examination and etiological opinion is warranted. The matters are REMANDED for the following action: 1. Schedule the Veteran for a VA examination with an appropriate examiner to determine the nature and etiology of the Veteran's hypertension. The claims file should be made available to the examiner for review in connection with the examination. Based on review of the record and examination of the Veteran, the examiner should respond to the following: (a.) Whether it is at least as likely as not (i.e., at least a 50 percent probability) that the Veteran's hypertension was caused or aggravated by the Veteran's service-connected diabetes mellitus. Note that the Veteran's diabetes mellitus need not be diagnosed at the time the hypertension is incurred in order for the Veteran to be awarded secondary service connection. See Frost v. Shulkin, 29 Vet. App. 131 (2017). The examiner is advised that the Veteran is competent to report symptoms, treatment, and injuries, and that his reports must be considered in formulating the requested opinions. The examiner should address the Veteran's lay statements concerning his hypertension. The examiner must provide the 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. D. SMART Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. L. Park, 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.