Citation Nr: 21021135 Decision Date: 04/09/21 Archive Date: 04/09/21 DOCKET NO. 11-04 336 DATE: April 9, 2021 REMANDED Entitlement to service connection for hypertension, to include as secondary to diabetes mellitus, type II, or as due to exposure to herbicide agents is remanded. REASONS FOR REMAND The Veteran served on active duty in the United States Army from November 1965 to November 1967, to include service in the Republic of Vietnam. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a September 2010 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In June 2012, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. A transcript of that hearing is associated with the claims file. In September 2020, the Board last remanded this matter to the RO for further development. Although the Board sincerely regrets the additional delay, a remand is necessary to ensure that due process is followed and that there is a complete record upon which to decide the Veteran’s claims so that he is afforded every possible consideration. 38 U.S.C. § 5103A; 38 C.F.R. § 3.159. Entitlement to service connection for hypertension, to include as secondary to diabetes mellitus, type II, or as due to exposure to herbicide agents A remand is necessary for the Agency of Original Jurisdiction (AOJ) to issue a Supplemental Statement of the Case (SSOC), which considers additional VA records added to the Veteran’s claims file since the issuance of the last SSOC. In this regard, since issuance of the last SSOC in December 2020, additional VA medical records, relevant to the issue on appeal, have been associated with the Veteran’s claims file. Specifically, these additional VA treatment records reflect that the Veteran had his blood pressure checked several times and that additional medication was added to his hypertension treatment plan following elevated blood pressure readings. See November and December 2020 VA treatment records. This evidence is relevant in light of the November 2020 VA negative nexus opinion that addressed the Veteran’s blood pressure readings and hypertension medication. Additionally, these medical records were received after the Veteran was notified that his appeal was returned to the Board. The Board notes that the Veteran is entitled to an initial review of these records by the AOJ unless he waives such review. 38 C.F.R. §§ 19.37(b), 20.1304(c). As such, in February 2021, a notification letter was sent to the Veteran and his representative informing the Veteran that he had the option to waive AOJ review of the evidence and have the Board adjudicate his appeal. The notification letter also indicated that if the Veteran did not respond within 45 days of the letter that he wished to waive AOJ review of the evidence, the appeal would be remanded to the AOJ for initial consideration of the newly associated evidence. In March 2021, VA received the Veteran’s response, which indicated that he wished for his case to be sent back to the AOJ for review of the additional evidence. See March 2021 Additional Evidence Response Form. Thus, the Board must remand the claim for the AOJ to issue a SSOC. The matters are REMANDED for the following action: 1. After undertaking any needed development, to include obtaining and associating with the record any further outstanding VA treatment records, readjudicate the issue of entitlement to service connection for hypertension, to include as secondary to diabetes mellitus, type II, or as due to exposure to herbicide agents. If the benefit sought remains denied, issue a SSOC and allow the Veteran and his representative an appropriate period of time to respond. MARJORIE A. AUER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Amanda Purcell, 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.