Citation Nr: 18147308 Decision Date: 11/06/18 Archive Date: 11/02/18 DOCKET NO. 15-00 240 DATE: November 6, 2018 ORDER Entitlement to an initial compensable rating for hypertension is denied. FINDING OF FACT The Veteran’s hypertension has not manifested with diastolic pressure of 100 or more or systolic pressure of 160 or more. She takes medication, but does not have a history of diastolic pressure of 100 or more. CONCLUSION OF LAW The criteria for a compensable rating for hypertension have not been met. 38 U.S.C. § 1155; 38 C.F.R. § 3.321, 4.1, 4.6, 4.104, Diagnostic Code (DC) 7101. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the Navy from March 2005 to March 2013. The Veteran requested a Board hearing and was scheduled for a March 2018 video conference hearing. However, she did not appear for the hearing and has not requested that the hearing be rescheduled. 1. Entitlement to an initial compensable rating for hypertension In an April 2014 rating decision, the Veteran was awarded service connection for hypertension with a non-compensable rating. The Veteran contends that her hypertension is entitled to a compensable rating. Disability ratings are assigned in accordance with VA’s Schedule for Rating Disabilities and are intended to represent the average impairment of earning capacity resulting from disability. See 38 U.S.C. § 1155; 38 C.F.R. §§ 3.321(a), 4.1. Separate diagnostic codes (DCs) identify the various disabilities. See generally 38 C.F.R. Part 4. If two disability evaluations are potentially applicable, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. Reasonable doubt regarding the degree of disability will be resolved in favor of the claimant. 38 C.F.R. § 4.3. The Veteran’s hypertension is rated as noncompensable under DC 7101. 38 C.F.R. § 4.104. Under DC 7101, a 10 percent rating is warranted when the evidence shows diastolic pressure predominantly 100 or more; or, systolic pressure predominantly 160 or more; or, when the evidence shows a history of diastolic pressure predominantly 100 or more who requires continuous medication for control. A 20 percent rating is warranted for diastolic pressure predominately 110 or more; or, systolic pressure predominantly 200 or more. A 40 percent rating is warranted for diastolic pressure predominantly 120 or more. A 60 percent rating is warranted for diastolic pressure predominantly 130 or more. In April 2014, the Veteran was afforded a VA hypertension examination. The VA examiner noted that the Veteran takes continuous medication for hypertension, but she does not have a history of diastolic pressure to predominantly 100 or more. Current blood pressure readings, all dated April 7, 2014, were 140/88, 146/90, and 146/92. There were no other pertinent physical findings, complications, signs or symptoms relating to hypertension. In the examiner’s opinion, hypertension did not affect the Veteran’s ability to work. After review of the evidence, the Board does not find that a compensable rating is warranted. The Veteran has not alleged that her diastolic pressure predominates at 100 or more, or that her systolic pressure predominates at 160 or more. The medical record does not show diastolic pressure predominantly 100 or more, or systolic pressure predominantly 160 or more. The Veteran does take continuous medication for hypertension, specifically Micardis. However, the record does not show that she had a history of diastolic pressure of 100 or more. The Board notes that the effects of her medication in regulating her blood pressure are contemplated by the diagnostic code. Jones v. Shinseki, 26 Vet. App. 56 (2012). The Board finds that the evidence weighs against a finding that the criteria for a compensable rating under DC 7101 are met or approximated for any period. During the period on appeal, diastolic readings were consistently (predominantly) less than 100, and systolic readings were consistently (predominantly) less than 160, and the evidence did not show a history of diastolic pressure consistently (predominantly) 100 or more which requires continuous medication for control, as required for the next higher rating of 10 percent. 38 C.F.R. § 4.104, DC 7101. Given this evidence, the Board must deny this claim. Since the preponderance of the evidence is against the claim, the benefit of the doubt rule does not apply. See 38 U.S.C. § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49, 55-57; 38 C.F.R. § 4.3. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Casey, Associate Counsel