Citation Nr: 21013030 Decision Date: 03/08/21 Archive Date: 03/08/21 DOCKET NO. 14-38 856A DATE: March 8, 2021 ORDER Service connection for hypertension is granted. Service connection for hypertensive retinopathy is granted. FINDINGS OF FACT 1. The Veteran’s currently diagnosed hypertension began in service. 2. The Veteran’s retinopathy has been linked to his now service connected hypertension. CONCLUSIONS OF LAW 1. The criteria for service connection for hypertension have been met. 2. The criteria for service connection for retinopathy have been met. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran honorably served on active duty from November 1980 to November 1983. This appeal originates from the February 2014 and November 2013 rating decisions denying his claims for service connection for, respectively, hypertension and hypertensive retinopathy. The appeal now returns to the Board by an October 2020 remand order of the U.S. Court of Appeals for the Veterans’ claims (Court). Upon granting a joint motion for partial remand (JMPR), the Court partially vacated, reversed, and remanded the Board’s May 2019 decision denying these claims. The Veteran is seeking service connection for hypertension and hypertensive retinopathy. The Board previously found that service connection was not warranted for hypertension as the condition had clearly and unmistakably pre-existed his entry into service and not been aggravated during service beyond the natural progression of the disability The United States Court of Appeals for the Federal Circuit (Federal Circuit) has distinguished between those cases in which the preexisting condition is noted upon entry into service, and those cases in which the preexistence of the condition must otherwise be established. See Wagner v. Principi, 370 F.3d 1089, 1096 (Fed. Cir. 2004); Davis v. Principi, 276 F.3d 1341, 1345 (Fed. Cir. 2002); Horn v. Shinseki, 25 Vet. App. 231, 234 (2012); see also 38 U.S.C. § 1111 (presumption of sound condition). In a case where there is no preexisting condition noted upon entry into service, the Veteran is presumed to have entered service in sound condition, and the burden falls to the government to demonstrate by clear and unmistakable evidence that (a) the condition preexisted service and (b) the preexisting condition was not aggravated by service. Wagner, 370 F3d. at 1345; Horn, 25 Vet. App. at 234; 38 U.S.C. § 1111. VA may rebut the presumption of soundness, which was the conclusion of the Board previously. However, JMPR reversed the Board’s conclusion that the presumption of soundness had been rebutted, and held that the presumption of soundness stands in this case. This finding is binding on the Board as the law of the case. Accordingly, the Board finds the presumption of soundness applies. Given this finding, the question becomes whether the Veteran’s currently diagnosed hypertension was present during service. In service there were few blood pressure readings recorded. However, the Veteran submitted a medical opinion in 2015 which concluded that it was at least as likely as not (50 percent or greater probability) the Veteran’s hypertension had begun in service and had continued to the present. This opinion was supported by an adequate rationale. Accordingly, service connection for hypertension is granted. The Veteran is also seeking service connection for hypertensive retinopathy. In its May 2019 decision, the Board noted an April 2015 CT scan showed a diagnosis of mild to moderate hypertensive retinopathy. Given the grant of service connection for hypertension, service connection for hypertensive retinopathy, a condition that is secondary to the hypertension, is granted. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Alex Bardin, 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.