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11-01 620
11-01 620
| Board of Vet. App. | Feb 28, 2017
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Background

  • Veteran served in the U.S. Army, June 1967–January 1970, with service in Vietnam (combat/door gunner).
  • Claimed current hypertension is service-connected, including as secondary to herbicide (Agent Orange) exposure.
  • No in‑service diagnosis or treatment of hypertension; separation exam BP 132/70 and denial of high blood pressure.
  • First medical evidence of hypertension appears ~early 1990s (about 20 years after service).
  • VA examinations (March 2015 and March 2016) provided medical opinions; the 2016 opinion explicitly found no nexus between herbicide exposure and hypertension and concluded likely essential hypertension.
  • Claim was remanded previously for development; Board found the preponderance of evidence against service connection and denied the claim.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Entitlement to service connection for hypertension, including as secondary to herbicide exposure Hypertension resulted from service, including combat and presumed herbicide exposure in Vietnam No in‑service evidence, no manifestation within one year of discharge, and competent medical opinion finds no nexus to service or herbicides Denied — insufficient nexus and no presumptive or direct service connection established

Key Cases Cited

  • Scott v. McDonald, 789 F.3d 1375 (Fed. Cir.) (cited regarding veteran’s assertions and review principles)
  • Shedden v. Principi, 381 F.3d 1163 (Fed. Cir.) (elements required for service connection)
  • Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir.) (limits on continuity of symptomatology for chronic disease presumptions)
  • Combee v. Brown, 34 F.3d 1039 (Fed. Cir.) (even absent regulatory presumption, direct service connection must be considered)
  • Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir.) (lay evidence limits for complex medical etiology)
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Case Details

Case Name: 11-01 620
Court Name: Board of Veterans' Appeals
Date Published: Feb 28, 2017
Docket Number: 11-01 620
Court Abbreviation: Board of Vet. App.