Citation Nr: 21010793
Decision Date: 02/25/21	Archive Date: 02/25/21

DOCKET NO. 13-33 978
DATE: February 25, 2021

REMANDED

Entitlement to service connection for congestive heart failure is remanded.

Entitlement to service connection for hypertensive vascular disease, to include hypertension is remanded.

REASONS FOR REMAND

The Veteran served on active duty from July 1971 to June 1972 and from November 1974 to February 1989.

This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2011rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).  

This matter was previously remanded by the Board in March 2018 and April 2019 for further development.  Unfortunately, a review of the record indicates that there has not been substantial compliance with the previous remand directives and further development is necessary.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

The Veteran testified before the undersigned Veterans Law Judge at a videoconference hearing in January 2017.  A transcript of the hearing has been associated with the file.

Regarding the claims for entitlement to service connection for congestive heart failure and hypertensive vascular disease, the Board notes that the prior remand directives asked the RO to obtain an addendum opinion regarding whether the Veteran has any heart condition that can be classified as ischemic heart disease.

However, VA received notification from the contract examiner that the Veteran was unavailable for examination.  It is unclear if a new examination is necessary for the requested opinion and if an examination is necessary, it is unclear if the Veteran failed to show for the examination or if he was unable to show for good reason.  In any event, the Board finds that the requested opinion should be provided and if necessary, the Veteran should be scheduled for a new examination.  

The matters are REMANDED for the following action:

1. Return the claims file to an appropriate VA examiner for an addendum opinion regarding whether the Veteran has any heart condition that can be classified as ischemic heart disease.  The need for another examination is left to the discretion of the medical professional offering the addendum opinion. 

2. If the Veteran does have a condition that falls under the generally accepted definition of ischemic heart disease, the examiner should opine as to whether or not the Veteran's hypertension is at least as likely as not related to the Veteran's ischemic heart disease or aggravated beyond its natural progression by it.

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3. If an examination is deemed necessary and the Veteran fails to attend the examination, information regarding the circumstances and any attempts to contact the Veteran or attempts by the Veteran to contact the examiner should be noted.

4. Readjudicate the appeal.

 

 

MICHAEL E. KILCOYNE

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. Uller, 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.