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