Citation Nr: 21072526 Decision Date: 12/03/21 Archive Date: 12/03/21 DOCKET NO. 19-13 237 DATE: December 3, 2021 REMANDED Entitlement to service connection for hypertension is remanded. Entitlement to service connection for a heart disorder, to include arteriosclerosis, is remanded. Entitlement to service connection for a right eye disorder, to include a cataract, is remanded. REASONS FOR REMAND The Veteran served on active duty in the Navy from June 1957 to March 1961. This matter is before the Board of Veterans' Appeals (Board) on appeal of an April 2017 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In September 2019, the Board denied the Veteran's claims for entitlement to service connection for hypertension; a heart disorder, to include arteriosclerosis; a right eye disorder, to include a cataract; and for emphysema and COPD. The Veteran then appealed the Board's September 2019 decision to the United States Court of Appeals for Veterans Claims (Court). In an April 2021 Memorandum Decision, the Court affirmed the Board's decision, as to the issue of entitlement to service connection for emphysema and for COPD. The Court vacated and remanded the Board's September 2019 decision, as to the issues of entitlement to service connection for hypertension; a heart disorder, to include arteriosclerosis; and for a right eye disorder, to include a cataract. In the June 2016 Memorandum Decision, the Court found that the Board's September 2019 decision, with respect to the VA's duty to assist, was not supported by adequate reasons and bases. The Court indicated that the claims for entitlement to service connection for hypertension; a heart disorder, to include arteriosclerosis; and for a right eye disorder, to include a cataract, must be remanded for the Board to determine if the VA's duty to assist requires providing the Veteran with an examination, or obtaining a medical opinion, as to those claims, or, if not, for the Board to provide adequate reasons and bases for any such determination. The Board notes that, pursuant to the September 2019 Board decision, the Board indicated that the Veteran's exposure to asbestos had been conceded. In light of the April 2021 Memorandum Decision, and as the Veteran's exposure to asbestos has been conceded, the Board finds that the Veteran must be afforded VA examinations, with the opportunity to obtain responsive etiological opinions, following a thorough review of the entire claims folder, as to his claims for service connection for hypertension; a heart disorder, to include arteriosclerosis; and for a right eye disorder, to include a cataract. Such examinations must be accomplished on remand. 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006). Additionally, the Board finds that due to the April 2021 Memorandum Decision, all necessary development of the Veteran's claims, pursuant to 38 C.F.R. § 3.311, to include obtaining a dose estimate, should be undertaken on remand. The matters are REMANDED for the following action: 1. Ask the Veteran to identify all medical providers who have treated him for hypertension; a heart disorder, to include arteriosclerosis; and for a right eye disorder, to include a cataract, since February 2019. After receiving this information and any necessary releases, obtain copies of the medical records which are not already in the claims folder. Document any unsuccessful efforts to obtain the records, inform the Veteran of such, and advise him that he may obtain and submit those records himself. 2. The RO must develop the Veteran's claims as necessary in accordance with the provisions of 38 C.F.R. § 3.311, to include obtaining a dose estimate. The RO should document all actions that are taken and any determinations that are made. 3. Schedule the Veteran for an appropriate VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) to determine the onset and/or etiology of his claimed hypertension and heart disorder, to include arteriosclerosis. The examiner must diagnose all current heart disorders, to include arteriosclerosis, and specifically indicate if the Veteran has currently diagnosed hypertension. The examiner must opine as to whether it is at least as likely as not that any currently diagnosed hypertension, and heart disorders, to include arteriosclerosis, are related to, and/or had their onset during, the Veteran's period of service, to include his in-service asbestos exposure and/or exposure to non-ionizing radiation. The examiner must specifically acknowledge and discuss any reports by the Veteran of symptoms he thought were due to hypertension and/or heart problems, during and since service. 4. Schedule the Veteran for an appropriate VA examination (or telehealth interview, review of the record, etc. if an in-person examination is not feasible) to determine the onset and etiology of his claimed right eye disorder, to include a cataract. The examiner must diagnose all current right eye disorders, to include a cataract. The examiner must opine as to whether it is at least as likely as not that any currently diagnosed right eye disorders, to include a cataract, are related to, and/or had their onset during, the Veteran's period of service, to include his in-service asbestos exposure and/or non-ionizing radiation. The examiner must specifically acknowledge and discuss any reports by the Veteran of right eye problems during service and since service. The examiner should also comment on the Veteran's contention that his claimed right eye disorder, to include a cataract, is related, in part, to his spending time in a dark room monitoring a radar screen during service. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. D. Regan, 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.