Citation Nr: 21032138 Decision Date: 05/26/21 Archive Date: 05/26/21 DOCKET NO. 18-34 015 DATE: May 26, 2021 ORDER Entitlement to service connection for hypertension is denied. FINDING OF FACT The Veteran's diagnosed hypertension did not have onset in service or within one year of discharged from service. CONCLUSION OF LAW The criteria for entitlement to service connection for hypertension have not been met. 38 U.S.C. § 1131; 38 C.F.R. §§ 3.303, 3.309, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1943 to May 1946. The Veteran initially requested a BVA hearing, but in correspondence from May 2020 withdrew his request for a hearing. In September 2020, the Board remanded the issue for a VA examination and opinion. The issue has been returned to the Board for appellate review. Service Connection Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § § 3.303 (a). To establish a right to compensation for a present disability, a veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Entitlement to service connection for hypertension The Veteran contends that his hypertension is related to his active duty service. Specifically, he asserts hypertension developed as a result of "having been and living through being torpedoes and abandoning ship" during service. See June 2018 statement. A review of the Veteran's service treatment records (STRs) shows there was no complaints, treatment, or diagnosis of hypertension. The Veteran's post-service treatment records reveal a diagnosis of hypertension in 2013. A March 2021 VA hypertension examination reflects an October 25, 2013 diagnosis of hypertension. The Veteran takes medication and his hypertension is considered to be stable. The VA examiner opined it is less likely than not the Veteran's hypertension was incurred in or caused by the claimed in-service injury, event, or illness. The rationale provided was that a review of the Veteran's STRs and other medical records show no evidence of the diagnosis, treatment or symptoms suggestive of hypertension, or that the Veteran met the criteria for the diagnosis of hypertension, while on active duty or within one year of separation from military service. Although the Veteran is not claiming that his hypertension is due to a service-connected disability the examiner also provided a secondary service-connection opinion. The Veteran is service connected for bilateral hearing loss, tinnitus, and other specified trauma and stressor related disorder. The examiner opined that it is less likely than not the Veteran's hypertension is proximately due to or the result of service-connected disabilities. The rationale provided was that there are a variety of risk factors associated with secondary hypertension, none of which the Veteran is service connected for. The Board has considered the Veteran's statements that he has a current hypertension disability that is related to service; however, the medical evidence does not show that the Veteran has a current chronic hypertension disability that had its onset in service or is otherwise related to service. Although lay persons are competent to provide opinions on some medical issues, see Kahana v. Shinseki, 24 Vet. App. 428, 435 (2011), as to the specific issue in this case, a diagnosis and etiology of hypertension falls outside the realm of common knowledge of a lay person. The Board accords his statements regarding the etiology of such disorder little probative value as he is not competent to opine on a complex medical question. (Continued on the next page) Here, there is no evidence of an in-service incurrence of a disease or injury and there is no competent medical evidence linking the Veteran's current hypertension condition to the Veteran's military service. Additionally, presumptive service connection on the basis of a chronic condition is not available for hypertension because there is no evidence it manifested within one year after service. Accordingly, the preponderance of the evidence is against the claim for service connection for hypertension and the benefit of the doubt doctrine enunciated in 38 U.S.C. § 5107 (b) is not applicable, as there is no approximate balance of evidence. Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990); Ortiz v. Principi, 274 F.3d 1361 (Fed. Cir. 2001). Thomas H. O'Shay Veterans Law Judge Board of Veterans' Appeals Attorney for the Board K. Mitchell, 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.