Citation Nr: 21011975 Decision Date: 03/03/21 Archive Date: 03/03/21 DOCKET NO. 19-09 074A DATE: March 3, 2021 ORDER New and material evidence having been received, the previously denied claim for service connection for hypertension is reopened and the appeal is granted to this extent only. REMANDED Entitlement to service connection for hypertension is remanded. FINDINGS OF FACT 1. In December 2010, the Board of Veterans’ Appeals (Board) denied service connection for a hypertension because the probative evidence did not demonstrate hypertension was incurred in or aggravated by the Veteran’s military service or that it manifested to a compensable degree within one year of his active service. 2. The evidence added to the record since the December 2010 Board decision was not previously submitted to agency decisionmakers, is not cumulative or redundant and, by itself or when considered with the previous evidence of record, relates to an unestablished fact necessary to substantiate the claim, and raises a reasonable possibility of substantiating the claim for service connection for hypertension. CONCLUSION OF LAW Following the final December 2010 Board decision, new and material evidence has been presented to reopen the claim of service connection for hypertension. 38 U.S.C. §§ 1110, 1131, 5108, 7105; 38 C.F.R. § 3.156. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from April 1952 to April 1954. 1. New and Material Evidence A December 2010 Board decision denied service connection for hypertension, finding that it was not related to his period of service. This decision was not appealed and is therefore final. See 38 U.S.C. § 7105; 38 C.F.R. § 20.1100. Following this decision, the Department of Veterans Affairs (VA) has received new and material evidence, specifically a December 2018 lay statement from the Veteran’s former spouse who was married to the Veteran from 1958 to 1971 and witnessed his reports of having hypertension while in the military though he did not receive treatment. Therefore, new and material evidence has been received, and the claim for service connection for hypertension is reopened. 38 U.S.C. §§ 1110, 1131, 5108, 7104, 7105; 38 C.F.R. § 3.156. REASONS FOR REMAND 1. Entitlement to service connection for hypertension is remanded. In light of the fact that the Veteran has a current diagnosis of hypertension and a lay statement from his ex-spouse, who was married to the Veteran from 1958 to 1971, noting that he had discussed having hypertension in service but was not treated for it, thereby indicating he may have reported hypertension symptoms as early as 1958, the Board finds that a VA examination with an opinion is necessary to identify whether it was at least as likely as not that the current hypertension disability was incurred in or otherwise related to the Veteran’s active service. McLendon v. Nicholson, 20 Vet. App. 79, 83 (2006); Locklear v. Nicholson, 20 Vet. App. 410 (2006); see Waters v. Shinseki, 601 F.3d 1274, 1276 (2010). The matters are REMANDED for the following action: 1. Obtain and associate with the claims file all pertinent VA and private medical records the Veteran adequately identifies. 2. The Veteran should be afforded a VA examination(s) to determine the current nature and etiology of his hypertension. The examination report is to contain a notation that the examiner reviewed the claims file. The examination may be conducted via telehealth or similar service during the social distancing restrictions of the COVID-19 pandemic. Please NOTE: (a.) The Veteran’s record is fire-related and no service treatment records (STRs) are available; thus the examiner should consider alternative sources of information that may indicate symptoms of high blood pressure or hypertension during the Veteran’s active service or hypertension occurring within one year of the Veteran’s discharge from active service; (b.) The Veteran is competent to attest to any lay observable symptoms and past treatment and incidents he witnessed; (c.) The Veteran’s family and friends are competent to attest to what they witnessed and observed. The examiner is asked to answer the following: The examiner is then asked to furnish an opinion as to whether it is at least as likely as not (50 percent or greater probability) that any currently diagnosed hypertension: (1) had its onset during the Veteran’s active service; (2) manifested within one year of his separation from active service or, (3) was caused by any incident or event that occurred during such period, including the reports by him and his family of racist abuse and segregation in service. It is essential the examiner provide explanatory rationale for opinions on these determinative issues, citing to specific evidence in the file supporting conclusions. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Saira Spicknall, 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.