Citation Nr: 22016231 Decision Date: 03/21/22 Archive Date: 03/21/22 DOCKET NO. 14-33 848 DATE: March 21, 2022 ORDER Entitlement to service connection for hypertension is granted. FINDING OF FACT The Veteran's hypertension manifested to a compensable degree within one year of his separation from service in September 2003. CONCLUSION OF LAW The criteria for service connection for hypertension are met. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 1137, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1970 to November 1971, September 1990 to June 1991, January 2003 to September 2003, September 2004 to December 2005, and January 2009 to June 2010. The Veteran testified before the undersigned in May 2017. This case was previously before the Board in March 2018 and May 2020, when the issue listed above was remanded for additional development. In February 2021, the Board issued a decision denying the issue above and a separate service connection claim for gastroesophageal reflux disease (GERD). The Veteran subsequently appealed to the United States Court of Appeals for Veterans Claims (Court). In November 2021, the Veteran and the Secretary of Veterans Affairs filed a Joint Motion for Partial Remand (JMPR) requesting that the Court vacate the Board's decision with respect to his claim for entitlement to service connection for hypertension and remand the matter for further action. The Court granted that motion. The JMPR notes that the portion of the Board's decision denying service connection for GERD is not disturbed. The case has subsequently been returned to the Board. Service Connection Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110. Generally, the evidence 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, 1166-67 (Fed. Cir. 2004). Under 38 C.F.R. § 3.303(b), an alternative method of establishing the second and third Shedden element is through a demonstration of continuity of symptomatology if the disability claimed qualifies as a chronic disease listed in 38 C.F.R. § 3.309(a). Regulations also provide that service connection may be granted for a disability diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability is due to disease or injury which was incurred in or aggravated by service. 38 C.F.R. § 3.303(d). Finally, 38 U.S.C. § 1154(a) requires that VA give 'due consideration' to 'all pertinent medical and lay evidence' in evaluating a claim for disability or death benefits. Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). Specifically, '[l]ay evidence can be competent and sufficient to establish a diagnosis of a condition when (1) a layperson is competent to identify the medical condition, (2) the layperson is reporting a contemporaneous medical diagnosis, or (3) lay testimony describing symptoms at the time supports a later diagnosis by a medical professional.' Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007); see also Buchanan v. Nicholson, 451 F.3d 1331, 1337 (Fed. Cir. 2006). 1. Entitlement to service connection for hypertension. Service connection for hypertension may be granted if it manifests to a compensable degree within one year from the date of separation from service. 38 C.F.R. § 3.307(a)(3); 3.309(a). Diagnostic Code 7101, which outlines the rating criteria for hypertension, states that a 10 percent rating is assigned for service-connected hypertension with evidence of diastolic pressure predominantly 100 or more or systolic pressure predominantly 160 or more, or when the Veteran has a history of diastolic pressure of predominantly 100 or more requiring continuous medication for control. 38 C.F.R. § 4.104. The Board concludes, for the following reasons, that the Veteran has a current diagnosis of hypertension which manifested to a compensable degree within one year of his separation from active service in September 2003. 38 U.S.C. § § 1101, 1110, 1112, 1113, 1137, 5107(b); 38 C.F.R. §§ 3.303(a), 3.307, 3.309(a). A July 2017 letter from the Veteran's private physician notes that the Veteran was diagnosed with hypertension in April 2004. A private treatment record in May 2004 confirms a diagnosis of hypertension. The evidence reflects that the Veteran's currently diagnosed hypertension was significant enough to be commensurate to a compensable rating within one year of his separation from service in September 2003. Treatment records reflect that the Veteran continued to be treated for hypertension during his remaining periods of service, to include medication. See for example February 2009, September 2009, February 2010, April 2010 treatment records. In sum, the evidence reflects that the Veteran has been diagnosed as having hypertension and that this disability manifested to a compensable degree within one year of his September 2003 separation from service. Thus, the criteria for service connection for the currently diagnosed hypertension have been met, and service connection is granted. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 5107(b); 38 C.F.R. §§ 3.303. 3.307, 3.309(a). Caroline B. Fleming Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. M. Clark, 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.