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Excerpt from decision below:
“The examiner supported that conclusion by stating that “[hy]pertension should not be diagnosed based on one measurement alone.”24 The examiner is certainly correct that hypertension cannot be diagnosed for VA compensation purposes based on a single elevated blood pressure reading.25 But that requirement for diagnosis does not mean that an elevated blood pressure reading does not show the onset of symptoms during service.26 The Board did not consider this issue when assessing the adequacy of the February 2010 examination frustrating judicial review. On remand, the Board must consider this issue when determining whether it is appropriate to rely on this examination. If it can’t do so, it must ensure that it obtains medical evidence that is adequate for adjudication purposes.
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“Although lay persons are competent to report on some issues, he is not competent to opine as to the etiology of his hypertension as he has not been shown to possess the requisite training or credentials needed to render a competent opinion as to medical diagnosis or causation.[29] The problem with the Board’s position is that it fundamentally misunderstood the nature of appellant’s statement. He was not providing his opinion about the cause of his hypertension. That would have been improper without medical expertise.30 Rather, he was conveying what a medical professional told him. That is entirely proper because a lay person is competent to “report[] a contemporaneous medical diagnosis.”31 On remand, the Board should reconsider its decision about GWS and its connection to
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Single Judge Application; hypertension diagnosis versus onset of symptoms; lay statement versus conveying what a medical professional has told veteran;
Excerpt from decision below: "The examiner supported that conclusion by stating that "[hy]pertension should not be diagnosed based on one measurement alone."24 The examiner is certainly correct that hypertension cannot be diagnosed for VA compensation purposes based on a single elevated blood pressure reading.25 But that requirement for diagnosis does not mean that an elevated...
