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In denial of service connection for hypertension, Board erred when it relied on inadequate medical exam

In denial of service connection for hypertension, Board erred when it relied on inadequate medical exam

CCK successfully appealed a Board of Veterans’ Appeals decision that denied the Veteran service connection for hypertension.  In its decision, the Board relied on a June 2013 VA examination.  That examiner found that there was no known association between exposure to Agent Orange and hypertension.  CCK argued that the exam’s rationale was based on an inaccurate factual premise, making the exam inadequate.

Court finds error in Board’s denial of service connection for hypertension

The Court found that the June 2013 examination was based on an inaccurate factual premise, as NAS studies do indicate limited or suggestive evidence of an association between hypertension and Agent Orange.  Therefore, the Court found the medical examination inadequate.  The Court vacated the Board’s decision and remanded the case for readjudication.  On remand, the Board will be required to obtain a new and adequate VA examination.

To read the Court’s decision, click here.

Category: Veterans Law, Case Wins

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