Citation Nr: 21040894 Decision Date: 07/07/21 Archive Date: 07/07/21 DOCKET NO. 14-38 702A DATE: July 7, 2021 REMANDED Service connection for hypertension is remanded. REASONS FOR REMAND The Veteran served honorably in the United States Army from November 1968 to September 1971. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a May 2012 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). This matter is being adjudicated under the legacy appellate framework. The Veteran initially requested a personal hearing before the Board, but, in January 2016, the Veteran's representative indicated that the Veteran no longer desired a hearing. This matter was previously before the Board, and, in November 2018, the Board remanded this matter for further development. Unfortunately, this matter must be remanded again prior to disposition of the Veteran's claim. The Board notes that, in November 2018, the Board remanded the issue of entitlement to service connection for a back disability for further development. In April 2021, the decision review operations center (DROC) granted service connection for a back disability. This is considered a full grant of the Veteran's requested prayer of relief, and the Board shall not address this matter any further. Service connection for hypertension is remanded. At issue is whether the Veteran is entitled to service connection for hypertension. Unfortunately, this matter must be remanded for further development. In November 2018, the Board remanded this matter for further development. Specifically, the Board noted that the Veteran had a current diagnosis of hypertension, and that the Veteran met the criteria for presumption of exposure to herbicide agents. Additionally, the Board noted that any examination would have to discuss the fact that there is "limited or suggestive evidence" of a link between hypertension and exposure to herbicide agents. See 79 Fed. Reg. 20308 (Apr. 11, 2014). In September 2019, the Veteran was provided a VA examination. The examiner opined that a medical nexus did not exist between a current diagnosis of hypertension and an in-service incurrence. Unfortunately, the examiner did not discuss the medical significance if any of the "limited or suggestive evidence" of a link between hypertension and exposure to herbicide agents. Although the Veteran was provided a VA examination in September 2019, the examination did not substantially comply with the Board's previous remand instructions, because it did not discuss the potential link between presumed herbicide agent exposure an and in-service incurrence. Therefore, this matter must be remanded in order to provide the Veteran with a new VA examination. Stegall v. West, 11 Vet. App. 268 (1998). The matters are REMANDED for the following action: Arrange to provide the Veteran with a VA examination in order to address the following: (a.) Is it at least as likely as not (50 percent or more) that a medical nexus exists between an in-service incurrence (to include presumed exposure to herbicide agents) and a current diagnosis of hypertension? Why or why not? (b.) When did the Veteran first begin to manifest his current diagnosis of hypertension? Why? (c.) Please review 79 Fed. Reg. 20308 (Apr. 11, 2014) before commenting on the following. What is the medical significance, if any, of the declaration that there is "limited or suggestive evidence" of a link between hypertension and exposure to herbicide agents? Why? DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board David R Seaton, 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.