HYPERTENSION

Summary

The veteran, a veteran who served from November 1966 to November 1968, appeals the denial of service connection for hypertension. The decision notes that the veteran elected Direct Review under the Appeals Modernization Act, limiting the Board's review to evidence of record at the time of the February 2026 agency of original jurisdiction decision. The veteran is presumed to have been exposed to herbicide agents during service in the Republic of Vietnam, as conceded in the February 2026 Rating Decision. The PACT Act of 2022 specifically added hypertension to the list of diseases presumed to be service-connected due to herbicide exposure. Citing the PACT Act and the presumption of herbicide exposure, the Board found service connection for hypertension warranted. The veteran was informed about filing a Supplemental Claim for any evidence submitted after the AOJ decision.

Rationale

Veteran presumed exposed to herbicide agents in Vietnam; Veteran has diagnosis of hypertension; PACT Act includes hypertension as disease with positive association to herbicide exposure

Full Decision Text

Citation Nr: A26040461
Decision Date: 04/30/26	Archive Date: 04/30/26

DOCKET NO. 260416-649737
DATE:       April 30, 2026

ORDER

Entitlement to service connection for hypertension is granted.

FINDING OF FACT

The Veteran is presumed to have been exposed to herbicide agents while on active duty in the Republic of Vietnam and has a diagnosis of hypertension.

CONCLUSION OF LAW

The criteria for an award of service connection for hypertension under the PACT Act have been met. 38 U.S.C. §§ 1110, 1116, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309; PACT Act, Pub. L. 117-168, 136 Stat. 1759 (2022).

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1966 to November 1968. 

The rating decision on appeal was issued in February 2026 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.

In the April 2026, VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.

Therefore, the Board may only consider the evidence of record at the time of the February 2026 agency of original jurisdiction (AOJ) decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the AOJ decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

Certain diseases associated with herbicide agent exposure in service are presumed to be service connected if the disease is manifested to a compensable degree within a time period specified for each disease. 38 U.S.C. § 1116. If a Veteran was exposed to an herbicide agent, including Agent Orange, during active military, naval, or air service, certain diseases shall be service connected if the requirements of 38 U.S.C. § 1116 ; 38 C.F.R. § 3.307(a)(6) are met, even though there is no record of such disease during service, provided further that the rebuttable presumption provisions of 38 U.S.C. § 1113 ; 38 C.F.R. § 3.307(d) are also satisfied.

On August 10, 2022, the President of the United States signed into law the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxins Act (PACT Act) of 2022. 

The PACT Act, Pub. L. 117-168 § 403, amended 38 U.S.C. § 1116 by adding locations in addition to the Republic of Vietnam where a Veteran's service during specified periods will be presumed to have exposed him or her to herbicide agents, otherwise called "covered service." 

In addition to expanding areas of "covered service," the PACT Act also included hypertension as a disease that warrants presumption of service-connection by reason of having positive association with exposure to herbicide agents. Pub. L. 117-168 § 403; 38 U.S.C. § 1116(a)(2)(M).

The Veteran is presumed to have been exposed to herbicide agents while on active duty in the Republic of Vietnam. See February 2026 Rating Decision (conceding his exposure to herbicide agents). Further he has a diagnosis of hypertension. See February 2026 VA Examination. As such, service connection for the Veteran's hypertension is warranted under the provisions of the PACT Act.

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Osborne, 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. 


 Rating Decision (conceding his exposure to herbicide agents). Further he has a diagnosis of hypertension. See February 2026 VA Examination. As such, service connection for the Veteran's hypertension is warranted under the provisions of the PACT Act.

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	R. Osborne, 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.