Citation Nr: 21031052
Decision Date: 05/20/21	Archive Date: 05/20/21

DOCKET NO. 18-28 465A
DATE:  May 20, 2021

REMANDED

Entitlement to service connection for hypertension is remanded.

REASONS FOR REMAND

The Veteran had active military service from January 1977 to September 1981. This case comes before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). 

This case was previously before the Board. In a January 2020 decision, the Board denied the claim currently on appeal. The Veteran appealed that decision to the United States Court of Appeals for Veteran Claims (Court). In a December 2020 Order, the Court granted a Joint Motion of the parties, vacated the Board's decision, and remanded the case to the Board for action consistent with the Joint Motion. 

Service Connection  Hypertension

In the December 2020 Joint Motion, it was agreed by the parties that the Board erred in finding that the Veteran's documented elevated blood pressure readings during service were more likely symptoms of pain due to another illness rather than manifestations of hypertension. Further, the parties agreed that the Board erred when it failed to address an "assessment" of hypertension made while the Veteran was in active service in August. 

Therefore, the Board finds that the Veteran should be afforded a VA examination to determine the nature and etiology of his hypertension. 

The matters are REMANDED for the following action:

1. Identify and obtain any pertinent, outstanding VA and private treatment records and associate them with the claims file.

2. Then, schedule the Veteran for an examination to determine the nature and etiology of his hypertension. The claims file must be made available to, and reviewed by the examiner. Any indicated tests and studies must be performed. 

Based on the examination results and review of the record, the examiner must provide an opinion as to whether it is at least as likely as not (50 percent or better probability) that the Veteran's hypertension had its onset during his active service, or is otherwise etiologically related to such service. In forming the opinion, the examiner must review and comment on the elevated blood pressure readings during the Veteran's active service, and the August 1981 "assessment" of hypertension during acute medical care treatment. 

A complete and detailed rationale for all opinions expressed must be provided.

3. Confirm that the VA examination and all medical opinions provided comport with this remand, and undertake any other development determined to be warranted.

4. Then, readjudicate the appeal. If the decision is adverse to the Veteran, issue a supplemental statement of the case and allow appropriate time for response. Then, return the case to the Board. 

 

 

Kristin Haddock

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	I. Umez-Eronini, 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.