Citation Nr: 21022331
Decision Date: 04/15/21	Archive Date: 04/15/21

DOCKET NO. 15-12 231
DATE: April 15, 2021

REMANDED

Entitlement to service connection for hypertension is remanded.

Entitlement to service connection for a headache disability is remanded.

REASONS FOR REMAND

The Veteran served on active duty from May 1985 to December 1991.

1. Entitlement to service connection for hypertension is remanded.

This matter was previously remanded for a new medical opinion. The AOJ obtained a medical opinion in October 2020, which stated that the Veteran’s hypertension was less likely than not related to his service. However, the rationale stated in part that the Veteran’s hypertension was diagnosed in 2010. VA treatment records show that the Veteran reported a history of hypertension in December 2005, when he first established care with the VA, and there are several references 

 

to the Veteran’s hypertension medication prior to 2010. Therefore, the opinion is flawed, as it appears to be based on incorrect medical history. Remand is necessary for a new opinion. 

2. Entitlement to service connection for a headache disability is remanded.

This matter was previously remanded for a new medical opinion addressing the Veteran’s report of frequent headaches during service. The AOJ obtained a medical opinion in October 2020, which stated that the Veteran’s headache disability was less likely than not related to his service. The rationale stated in part that the Veteran’s STRs did not contain record of a chronic headache condition, and that there is no evidence of frequent headaches. However, this does not adequately address the Veteran’s report, in the STRs, of experiencing frequent headaches. This evidence is within the STRs, and it is not accurate to say that the STRs do not contain evidence of frequent headaches. Remand is necessary for a new opinion. 

The matters are REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s hypertension is at least as likely as not related to his active service, including instances of elevated blood pressure noted in the Veteran’s STRs.

2. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s headache disability is at least as likely as not related to his active service, including the Veteran’s in-service report of frequent headaches.

3. After the above development, and any additionally indicated development, has been completed, readjudicate the issues on appeal.  If the benefit sought is not granted to the Veteran’s satisfaction, send the Veteran and his representative a Supplemental Statement of the Case and provide an opportunity to respond.  If necessary, return the case to the Board for further appellate review.

 

 

H. N. SCHWARTZ

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Creegan

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.