Citation Nr: 21022862
Decision Date: 04/19/21	Archive Date: 04/19/21

DOCKET NO. 18-38 351
DATE: April 19, 2021

REMANDED

Entitlement to service connection for hypertension is remanded.

REASONS FOR REMAND

The Veteran served on active duty from June 1966 to August 1969. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In January 2020, the Veteran testified at a Board video conference hearing before the undersigned Veterans Law Judge.  A transcript of this hearing is of record. This matter was last before the Board in January 2021, when it was remanded for further development.

This appeal has been advanced on the Board’s docket pursuant to 38 C.F.R. § 20.902(c) (2019). 38U.S.C. §7107(a)(2) (2012) 

1. Entitlement to service connection for hypertension is remanded.

The Veteran contends that hypertension is caused by service.  The January 2021 remand directives asked for an examiner to address why the diagnosed hypertension is not etiologically related to prior herbicide agent exposure and to also address   why the current hypertension has not been worsened by the Veteran’s service-connected heart condition. In accordance with the January 2021 remand directives, an addendum opinion was obtained in February 2021, however the opinion is not fully responsive. Specifically, the examiner did not opine whether the hypertension has been worsened by the heart condition.  The Board regrets the additional delay but finds that a remand is warranted for substantial compliance with its prior remand. See Stegall v. West, 11 Vet. App. 268, 271 (1998).

The matters are REMANDED for the following action:

1. Obtain an addendum medical opinion on the claim   for service connection for hypertension. If a new examination is deemed necessary to respond to the questions presented, one should be scheduled. After review of the claims file, the examiner should address whether it at least as likely as not that the Veteran's hypertension is worsened beyond natural progression (aggravated) by his service-connected heart disability.    If the examiner finds that the Veteran's hypertension was aggravated by his service-connected heart disability the examiner should attempt to indicate the baseline level      of the hypertension prior to the aggravation.  

2. If the claim remains denied, issue a supplemental statement of the case.

 

 

K. A. BANFIELD

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	A. Asare, 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.