Citation Nr: 21005848 Decision Date: 02/02/21 Archive Date: 02/02/21 DOCKET NO. 14-05 911 DATE: February 2, 2021 ORDER Service connection for hypertension as secondary to an acquired psychiatric disability is denied. FINDING OF FACT The Veteran is not service-connected for an acquired psychiatric disability. CONCLUSION OF LAW The criteria for service connection for hypertension as secondary to an acquired psychiatric disability have not been met. 38 U.S.C. § 1110; 38 C.F.R. § 3.310(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Army from May 1967 to September 1971. The matter is on appeal from a December 2011 rating decision. The Veteran provided testimony at a Board hearing before the undersigned Veterans Law Judge in November 2016. A transcript of the hearing is of record. In November 2018, the Board denied the Veteran’s claim for service connection for hypertension. The Veteran appealed the decision to the Unites States Court of Appeals for Veterans Claims (Court). In May 2020, the Court issued a Memorandum decision in which it affirmed the portion of the Boards November 2018 decision that denied direct service connection for hypertension. However, the Court remanded for further proceedings, the portion of the decision that failed to address whether the Veteran’s hypertension is secondary to a psychiatric disability. Service Connection for Hypertension Secondary to Psychiatric Disability Service connection may be established on a secondary basis for a disability which is proximately due to, or the result of, a service-connected disability. 38 C.F.R. § 3.310(a). Secondary service connection may also be established for a disability which is aggravated by a service-connected disability. In order to prevail on the issue of secondary service connection, the record must show (1) evidence of a current disability; (2) evidence of a service-connected disability; and (3) medical nexus evidence establishing a connection between the service-connected disability and the current disability. Wallin v. West, 11 Vet. App. 509 (1998). The Veteran asserts that his hypertension is caused by or otherwise aggravated by his psychiatric disability. A review of the Veteran’s record reflects that he is diagnosed with hypertension, however, he is not service-connected for an acquired psychiatric disability, as this claim was specifically denied by the Board in an August 2019 decision. As such, the Veteran’s claim for service connection for hypertension as secondary to an acquired psychiatric disability is without legal merit and must be denied due to a lack of entitlement under the law. See Sabonis v. Brown, 6. Vet. App. 426, 430 (1994). Accordingly, service connection for hypertension as secondary to an acquired psychiatric disability is denied. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S. Lutgens-Staley, 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.