Citation Nr: 21041846
Decision Date: 07/10/21	Archive Date: 07/10/21

DOCKET NO. 17-64 247
DATE: July 10, 2021

REMANDED

Entitlement to service connection for hypertension, to include as due to service-connected diabetes mellitus, type 2 is remanded.

REASONS FOR REMAND

The Veteran served on active duty from December 1969 to July 1971 with confirmed service in the Republic of Vietnam.

In September 2017, the Board most recently remanded the issue below on appeal for further development, and the case has since been returned to the Board. The Board finds that the AOJ has substantially complied with the remand directives.  See Stegall v. West, 11 Vet. App. 268, 271 (1998).

Entitlement to service connection for hypertension, to include as due to service-connected diabetes mellitus, type 2 is remanded.

Regarding the issue on appeal, an opinion was provided in February 2016. However, the Board finds that opinion inadequate. See Barr v. Nicholson, 21 Vet. App. 303, 312 (2007) (When VA undertakes to provide a VA examination or obtain a VA opinion, it must ensure that the examination or opinion is adequate). Indeed, it is inadequate because the opinion only speaks to causation and not aggravation as well. See El-Amin v. Shinseki, 26 Vet. App. 136, 140 (2013) (holding that when adjudicating a secondary service-connection issue, it is clear error for the Board to rely on an opinion that addressed only causation). Accordingly, a remand is required for an addendum opinion that addresses aggravation as well.

The matters are REMANDED for the following action:

1. Return the Veteran's claims file to the February 2016 VA examiner for an addendum opinion regarding his ischemic stroke aggravation. If the February 2016 VA examiner is unavailable, the addendum opinion should be rendered by another appropriate medical professional. The need for another clinical evaluation is left to the discretion of the medical professional offering the addendum opinion.

2. Opine as to whether it is at least as likely as not (50 percent probability or greater) that the Veteran's hypertension is aggravated by (permanently worsened beyond its natural progression) his service-connected diabetes mellitus, type 2 and explain why.

3. Readjudicate the appeal.

 

 

L. M. BARNARD

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. A. Elliott II, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.