Citation Nr: 21027195
Decision Date: 05/04/21	Archive Date: 05/04/21

DOCKET NO. 15-29 407
DATE: May 4, 2021

REMANDED

Entitlement to service connection for atrial fibrillation, to include as due to herbicide-agent exposure or as secondary to service-connected diabetes mellitus, is remanded.

REASONS FOR REMAND

The Veteran served on active duty from September 1966 to September 1968.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a September 2014 rating decision of the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ).  

The Board acknowledges that a prior April 2019 Board decision and remand incorrectly identified a January 2016 rating decision as an intervening final rating decision addressing atrial fibrillation.  Further review establishes that that the appeal arises from the September 2014 rating decision, which is not final.

In his August 2015 substantive appeal, the Veteran requested a Board hearing, to be held at the AOJ.  The Board scheduled a December 2018 hearing at the Veteran's Regional Office and sent him October 2018 and November 2018 hearing notification letters.  Although the Veteran indicated in a November 2018 form that he intended to attend the hearing, he later cancelled the hearing.  The Veteran has not attempted to reschedule the hearing, therefore his request is considered withdrawn.  See 38 C.F.R. § 20.704.

Remand is necessary to obtain an additional VA medical opinion.  An August 2014 VA medical opinion found it less likely than not that the Veteran's atrial fibrillation was due to or aggravated by his service-connected diabetes mellitus because "There is no basis in medical fact identified or documented in support of such a claim."  However, the Veteran submitted an April 2010 ScienceDirect article in November 2020 which referenced a 2010 study that found a link between diabetes mellitus and atrial fibrillation.  This article must be addressed in a new VA medical opinion.

The matter is REMANDED for the following action:

1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran's atrial fibrillation is at least as likely as not proximately due to or aggravated beyond its natural progression by service-connected diabetes mellitus.  The article, and referenced study, must be discussed as part of the required rationale for the expressed opinion.

2. Then, readjudicate the claim.  If the benefit sought remains denied, issue a supplemental statement of the case and return the matter to the Board if otherwise in order. 

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	W. Ripplinger, 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.