HYPERTENSION

Summary

The Veteran, an Army veteran who served from November 1975 to October 1979, appeals the denial of service connection for hypertension. The Veteran contends that his hypertension is related to herbicide exposure during service in Guam in June 1978. The Board found a current diagnosis of hypertension. While the VA's Records and Research office could not confirm the Veteran's presence in Guam, a fellow officer who served with the Veteran submitted a statement and flight log documenting a trip to Guam in June 1978. The officer stated it was logical and he believed the Veteran was part of the detachment. The Veteran also stated he assisted an operation in Agana, Guam, in June 1978. The Board found the officer's statement persuasive, concluding it was at least as likely as not that the Veteran went to Guam. Despite the lack of direct documentation from the VA research, the Board applied the benefit of the doubt and found the Veteran's presence in Guam in June 1978 to be established. Consequently, the Board granted service connection for hypertension on a presumptive basis due to herbicide exposure under the PACT Act.

Rationale

Veteran has current diagnosis of hypertension.; Veteran presumed exposed to herbicides in Guam in June 1978.; Hypertension is a presumptive condition under the PACT Act.

Full Decision Text

Citation Nr: A26040104
Decision Date: 04/29/26	Archive Date: 04/29/26

DOCKET NO. 250621-556929
DATE: April 29, 2026

ORDER

Service connection for hypertension is granted, pursuant to the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act of 2022 (PACT Act).

FINDING OF FACT

The Veteran has a current diagnosis of hypertension and was exposed to herbicides in Guam in June 1978.

CONCLUSION OF LAW

The criteria for presumptive service connection for hypertension pursuant to the PACT Act are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, Pub. L. 117-168.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from November 1975 to October 1979. This matter comes before the Board of Veterans' Appeals (Board) from an April 2025 Higher Level Review (HLR) decision by a Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). The HLR decision is based on the record at the time of a January 2025 decision by the AOJ. See 38 C.F.R. § 3.2601.

The Veteran filed a timely VA Form 10182 Notice of Disagreement (NOD) in June 2025. The Veteran selected the Direct docket. Therefore, the Board may only review evidence in the record at the time of the January 2025 decision. See 38 C.F.R. §§ 3.2601, 20.301.

The Veteran contends that his hypertension is related to his service. Specifically, the Veteran contends that he was exposed to herbicides when he went to Guam on a temporary duty. The AOJ issued a binding favorable finding that he had a current diagnosis of hypertension. See 38 C.F.R. § 3.104.

Service connection will be granted if it is shown that the veteran suffers from a disability resulting from personal injury suffered or disease contracted in the line of duty, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty, during active military service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Disorders diagnosed after discharge will still be service connected if all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d); see also Combee v. Brown, 34 F.3d 1039, 1043 (Fed. Cir. 1994).

In order to establish service connection on a direct basis, the record must contain competent evidence of: (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, 1167 (Fed. Cir. 2004). In the absence of proof of a present disability there can be no valid claim. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992).

Some chronic diseases may be presumed to have been incurred in service, if they become manifest to a degree of ten percent or more within the applicable presumptive period. 38 U.S.C. §§ 1101(3), 1112(a); 38 C.F.R. §§ 3.307(a), 3.309(a). For those listed chronic conditions, a showing of continuity of symptoms affords an alternative route to service connection. 38 C.F.R. § 3.303(b); Walker v. Shinseki, 708 F. 3d 1331 (Fed. Cir. 2013). Hypertension is a listed condition, with a presumptive period of one year following separation from service.

Service connection can be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in-service. 38 C.F.R. § 3.303(d).

Where the evidence shows a "chronic disease" in-service or "continuity of symptoms" after service, the disease shall be presumed to have been incurred in service. For the showing of "chronic" disease in service, there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time. With
 1331 (Fed. Cir. 2013). Hypertension is a listed condition, with a presumptive period of one year following separation from service.

Service connection can be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in-service. 38 C.F.R. § 3.303(d).

Where the evidence shows a "chronic disease" in-service or "continuity of symptoms" after service, the disease shall be presumed to have been incurred in service. For the showing of "chronic" disease in service, there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time. With chronic disease as such in service, subsequent manifestations of the same chronic disease at any later date, however remote, are service-connected, unless clearly attributable to intercurrent causes. If a condition noted during service is not shown to be chronic, then generally, a showing of "continuity of symptoms" after service is required for service connection. 38 C.F.R. § 3.303(b).

Where a veteran served continuously for ninety days or more during a period of war or during peacetime service after December 31, 1946, and cardiovascular-renal disease, including hypertension becomes manifest to a degree of ten percent within one year of termination of such service, such disease shall be presumed to have been incurred in or aggravated by service even though there is no evidence of such disease during the period of service. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.307, 3.309. The disease need not be diagnosed within a presumptive period, it must be shown by acceptable medical or lay evidence, that there were characteristics manifestations of the disease to the required degree during that time. Id.

Service connection may also be established based on herbicide exposure. 38 C.F.R. § 3.307(a)(6). For VA purposes, an "herbicide agent" includes the chemicals 2,4D; 2,4,5T and its contaminant TCCD; cacodylic acid; and picloram. 38 C.F.R. § 3.307(a)(6)(i). For the purposes of determining herbicide exposure, a Veteran who served in qualifying locations is presumed to have been exposed to an herbicide agent.  38 C.F.R. § 3.307(a)(6)(iii). If the Veteran is presumed to have been exposed to herbicides, the Veteran is entitled to a presumption of service connection for certain disorders. See 38 C.F.R. § 3.309(e). This presumption is specifically limited to those diseases listed. Id. 

The Board notes that on August 10, 2022, Congress enacted the PACT Act. Pub. L. 117-168. The PACT Act includes hypertension as a presumptively service-connected disease related to exposure to herbicides. Prior to the PACT Act, a Veteran was presumed exposed to herbicide agents in service if the Veteran performed service in the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975.  

Section 403 of the PACT Act expands the presumption of in-service herbicide agent exposure to additional territories and countries, including U.S. or Royal Thai military bases in Thailand from January 9, 1962, through June 30, 1976, without regard to where on the base the Veteran was located or the military occupational specialty the Veteran performed; Laos from December 1, 1965, through September 30, 1969; Mimot, Krek, or the Kampong Cham Province in Cambodia from April 16, 1969, through April 30, 1969; Guam or American Samoa or in the territorial waters of Guam or American Samoa from January 9, 1962, through July 30, 1980; or the Johnston Atoll or on a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977. Id. at § 403 (codified as amended at 38 U.S.C. § 1116).

The Veteran's chief contention is he set foot in Guam sometime in 1978 or 1979 and he is entitled to the presumption afforded under the PACT Act. The Veteran's personnel records indicate that the Veteran served on Patrol Wing One in Cubi Point, Philippines from July 1976 to October 1979. 

In August 2023, an officer from Patrol Wing One that served with the Veteran submitted a statement. He reported that he was assigned to Patrol Wing One from May 197
 a ship that called at Johnston Atoll from January 1, 1972, through September 30, 1977. Id. at § 403 (codified as amended at 38 U.S.C. § 1116).

The Veteran's chief contention is he set foot in Guam sometime in 1978 or 1979 and he is entitled to the presumption afforded under the PACT Act. The Veteran's personnel records indicate that the Veteran served on Patrol Wing One in Cubi Point, Philippines from July 1976 to October 1979. 

In August 2023, an officer from Patrol Wing One that served with the Veteran submitted a statement. He reported that he was assigned to Patrol Wing One from May 1978 to May 1980. He stated in the course of his duties he and a support team went to Guam in June 1978. The officer provided a copy of his flight log that documented his trip from June 6, 1978, to June 19, 1978, from Cubi Point to Guam. The officer stated that other than his flight log he had no documentation of the detachment as no one was provided Temporary Duty Orders for the trip. He stated that " [i]t has been nearly 50 years since this event so I can['t] swear beyond a doubt that [the Veteran] was part of the detachment that went Guam but it would have been logical and I think I remember that he was."

In February 2024, The Veteran stated that on June 6, 1978, the Veteran was tasked with assisting an operation in Agana, Guam. He stated he worked in Guam until June 1978. The Veteran explained he arrived in Guam from Cubi Point, Philippines via a VP-6 Orion aircraft. 

In November 2024, a memorandum regarding the investigation into the Veteran's herbicide claim was submitted into the record. A researcher from the Veterans Benefits Administration (VBA) Office of Field Operations, Records and Research (RAR) completed comprehensive research into the Veteran's claimed herbicide exposure. The researcher reviewed the 1978 Command History submitted by Patrol Squadron 6 (VP-6). The documents indicated visited were made to various locations throughout the Western Pacific, including Agana, Guam, however dates were not provided and there was no mention of Patrol Wing One going to Guam. A researcher reviewed records of the 1978 Command History of Patrol Wing One, Det Cubi Point and was unable to confirm the claimed exposure by the Veteran. The memorandum concluded that no evidence was located to support documentation of the claimed exposure. 

The Board finds that providing the Veteran the benefit of the doubt, he went to Guam in June 1978. The Board finds particularly persuasive the officer that served with the Veteran's August 2023 statement. Though the officer states he could not swear beyond doubt, the Board findss it was at least as likely as not the Veteran went to Guam with the officer. The Board considered the RAR finding that there was no evidence that Patrol Wing One went to Guam. However, such finding is vitiated by the officer's statement and corroborating evidence that a member of the unit did in fact go to Guam. Given the evidence the officer went to Guam and stated he remembered the Veteran going as part of the detachment, the Board finds it is likely the Veteran went to Guam.  

Based on the evidence, the Board finds that the Veteran has a current diagnosis of hypertension. The Veteran is presumed to have been exposed to herbicide while in Guam in June 1978. As such, entitlement to service connection for hypertension is warranted on a presumptive basis as a result of the exposure. 38 C.F.R. §§ 3.307, 3.309; PACT Act of 2022, Pub. L. 117-168 (2022).  

 

 

WILLIAM H. DONNELLY

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Robert Batten

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.