Entitlement to service connection for hypertension is remanded.

Citation Nr: A26069903 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 210729-175754 DATE: July 30, 2026 REMANDED Entitlement to service connection for hypertension is remanded. REASONS FOR REMAND The Veteran served in the Army from February 2006 to August 2007, and from January 2011 to February 2012. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2021 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In the July 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held in May 2022. Therefore, the Board may only consider the evidence of record at the time of the May 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. However, because the Board is remanding the claim on appeal, any evidence the Board could not consider will be considered by the AOJ in the adjudication of those claims. 38 C.F.R. § 3.103(c)(2)(ii). Entitlement to service connection for hypertension is remanded. The issue of entitlement to service connection for hypertension is remanded to correct a duty to assist error that occurred prior to the May 2021 rating decision on appeal. The Veteran contends that his hypertension is secondary to his service-connected obstructive sleep apnea. See December 2020 Fully Developed Claim. The AOJ obtained an April 2021 VA examination and May 2021 VA opinion prior to the May 2021 rating decision on appeal. The VA examiner opined that the Veteran's hypertension is less likely than not caused by his service-connected obstructive sleep apnea. However, the AOJ failed to obtain an opinion as to whether the Veteran's hypertension was aggravated by his service-connected obstructive sleep apnea. See El-Amin v. Shinseki, 26. Vet. App. 136, 138 (2013) (In secondary service connection claims, a medical opinion is inadequate if it does not address both causation and aggravation of the nonservice-connected condition). Therefore, remand is warranted to obtain an opinion to determine whether the Veteran's hypertension is aggravated by his service-connected obstructive sleep apnea. The matters are REMANDED for the following action: Obtain an opinion pursuant to the Veteran's claim for hypertension and determine whether it is at least as likely as not that the Veteran's hypertension is aggravated by his service-connected obstructive sleep apnea, to include addressing obesity as an intercurrent cause. The examiner should explain why/why not. Cory M. Picton Veterans Law Judge Board of Veterans' Appeals Attorney for the Board G. N. Wilson, Associate 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.