Citation Nr: 21076542
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 16-06 570
DATE: December 27, 2021

ORDER

Service connection for hypertension is granted.

FINDING OF FACT

The Veteran's diagnosed hypertension is at least as likely as not related to his service-connected diabetes mellitus type II.

CONCLUSION OF LAW

The criteria for service connection for hypertension are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.310.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from September 1963 to September 1967 in the U.S. Navy. This matter comes before the Board of Veterans' Appeals (Board) from an October 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama.

This matter was previously before the Board in October 2018, at which time the issue on appeal was remanded for additional development. This case has now returned to the Board for appellate consideration. The issues of service connection for diabetes mellitus type II and major depression were also remanded by the Board in October 2018, and service connection was granted for both disabilities in a November 2021 rating decision. As such, these issues have been granted in full and are no longer on appeal.

The Veteran contends that his hypertension is secondary to his diabetes mellitus type II.

Secondary service connection may be granted for a disability that is proximately due to, or aggravated by, a service-connected disease or injury. 38 C.F.R. § 3.310. In order to prevail on the issue of entitlement to secondary service connection, there must be (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) nexus evidence establishing a connection between the service-connected disability and the current disability. Wallin v. West, 11 Vet. App. 509, 512 (1998).

The Veteran has a current diagnosis of hypertension. See VA Treatment Records received October 2020. He is also service connected for diabetes mellitus type II. As such, for the purposes of secondary service connection, the remaining question is whether there is a nexus between the Veteran's diabetes mellitus type II and his hypertension.

In June 2020, a private physician opined that the Veteran's diabetes mellitus type II and depression led to multiple complications, including hypertension. The Board finds this opinion adequate and probative as the physician has the requisite medical expertise, considered the Veteran's medical history, and provided a clear rationale for the conclusion reached. See Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 302-04 (2008). 

The Board notes that the Veteran was afforded a VA examination in September 2021. The VA examiner found that the Veteran does not have a current diagnosis of hypertension and his treatment plan does not include medication for hypertension; however, this contradicts the Veteran's VA treatment records noting a diagnosis and continuing treatment for hypertension. Moreover, the examiner did not offer an opinion with complete rationale regarding secondary service connection. As such, the Board finds the September 2021 VA examination and opinion inadequate for adjudication purposes.

Based on the foregoing, the Board finds that the Veteran's diagnosed hypertension is at least as likely as not secondary to his service-connected diabetes mellitus type II.  Accordingly, resolving all doubt in the Veteran's favor, service connection for hypertension is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

J. O'CONNELL

Acting Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	T. Kernen, 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.