Citation Nr: 21076003 Decision Date: 12/22/21 Archive Date: 12/22/21 DOCKET NO. 19-27 216 DATE: December 22, 2021 REMANDED The issue of service connection for hypertension, to include as secondary to service-connected posttraumatic stress disorder (PTSD), is remanded. The issue of a rating in excess of 50 percent for PTSD is remanded. The issue of an effective date earlier than January 31, 2013 for the assignment of an increased, 50 percent rating for PTSD is remanded. REASONS FOR REMAND The Veteran served on active duty from October 1966 to October 1968, including service in the Republic of Vietnam. This matter comes before the Board of Veterans' Appeals (Board) from a June 2016 rating decision. On his September 2019 substantive appeal, the Veteran's attorney requested a Board hearing in connection with the appeal. In December 2020, the Veteran and his attorney were notified that his requested Board hearing had been scheduled for February 2021. That hearing was postponed at his request. In February 2021, the Veteran and his attorney were notified that his requested Board hearing had been rescheduled for June 2021. Less than one week prior to the hearing, the Veteran's attorney withdrew the hearing request and further requested that the hearing be held open for 60 days to allow him the opportunity to submit additional evidence and argument. The Board granted that request and, as set forth below, the Veteran's attorney thereafter submitted additional evidence. The Veteran's attorney has been representing him since December 2016 and the reason for the delay in the submission of this evidence and argument is unclear. 1. The issue of service connection for hypertension, to include as secondary to service-connected PTSD, is remanded. In October 2021, the Veteran's attorney submitted numerous articles and abstracts suggesting a relationship exists between the Veteran's service-connected PTSD and his claimed hypertension disability. The AOJ should obtain a medical opinion as to whether the Veteran's PTSD has caused or aggravated his hypertension. 2. The issue of a rating in excess of 50 percent for PTSD is remanded. The Veteran seeks a rating in excess of 50 percent for his service-connected PTSD disability. 3. The issue of an effective date earlier than January 31, 2013 for the assignment of an increased, 50 percent rating for PTSD is remanded. On January 31, 2013, VA received the Veteran's claim for an increased rating for PTSD. The June 2016 rating decision on appeal increased the assigned disability rating for PTSD to 50 percent effective January 31, 2013. The Veteran believes that an earlier effective date is warranted for the increased rating. Regarding all three claims on appeal, in September 2021 correspondence, the Board notified the Veteran that new VA treatment records and examination reports had been added to the claims file after the August 2019 statement of the case (SOC) that had not been considered by the agency of original jurisdiction (AOJ). The Board gave the Veteran the choice to waive consideration of this new evidence by the AOJ or to remand his case to allow the AOJ to consider the new evidence in the first instance. In October 2021 correspondence, the Veteran's attorney indicated that the Veteran waived AOJ consideration of the new evidence. However, in November 2021, the Veteran himself elected to have his case remanded to the AOJ for review of the additional evidence. Here, the Board assumes that the correspondence directly from the Veteran more accurately reflects his wish to have his case remanded to the AOJ. The AOJ should consider all evidence added to the claims file since the August 2019 SOC. The matters are REMANDED for the following action: (Continued on the next page) 1. Provide the Veteran's entire electronic claims file to an appropriate clinician to obtain a medical opinion regarding the etiology of the claimed hypertension disability. If an in-person examination is required to provide the requested opinion, the AOJ should arrange for such examination. Following a review of the claims file, the reviewing clinician should provide a medical opinion as to whether it is at least as likely as not (a 50 percent probability or greater) that (a) the Veteran's hypertension had its onset during military service; (b) manifested within one year of separation from military service; or (c) was caused OR is or has been aggravated by his service-connected PTSD. A medical rationale must be included for all opinions expressed. 2. Readjudicate the issues on appeal, considering all evidence added to the claims file since the August 2019 SOC. If any benefit sought on appeal is not granted in full, issue the Veteran and his attorney a supplemental statement of the case (SSOC) and provide the Veteran an opportunity to respond. K. Conner Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Laura Kirscher Strauss 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.