Citation Nr: 18153706 Decision Date: 11/29/18 Archive Date: 11/28/18 DOCKET NO. 16-47 033 DATE: November 29, 2018 ORDER Entitlement to an initial compensable rating for hypertension is denied. FINDING OF FACT The preponderance of the evidence is against a finding that hypertension involves diastolic pressure predominately 100mm. or more, and that hypertension has required continuous medication for control. CONCLUSION OF LAW The criteria for entitlement to an initial compensable rating for hypertension have not been met. 38 U.S.C. § 1155 (2012); 38 C.F.R. § 4.104, Diagnostic Code 7101 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1989 to June 1990. This matter comes to the Board of Veterans’ Appeals (Board) from a rating decision by a U.S. Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to an initial compensable rating for hypertension. In a November 2014 rating decision, the RO granted service connection for hypertension and assigned a 0 percent rating effective the date of claim for service connection on June 4, 2013. The Veteran appealed the assigned rating to the Board. Disability ratings are determined by applying the criteria set forth in VA’s Schedule for Rating Disabilities, which is based on the average impairment of earning capacity. Individual disabilities are assigned separate diagnostic codes (DCs). 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. “Staged” ratings are appropriate for any rating claim when the factual findings show distinct time periods where the service-connected disability exhibits symptoms that would warrant different ratings. See Hart v. Mansfield, 21 Vet. App. 505 (2007); Fenderson v. West, 12 Vet. App. 119 (1999). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the benefit of the doubt will be granted to the claimant. 38 U.S.C. § 5107; 38 C.F.R. §§ 3.102, 4.3, 4.7; Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). To deny a claim on the merits, the preponderance of the evidence must be against the claim. Alemany v. Brown, 9 Vet. App. 518, 519 (1996). Hypertension is rated under Diagnostic Code 7101 of 38 C.F.R. § 4.104. The minimum compensable rating under this DC is 10 percent. This rating is warranted where diastolic pressure is predominately 100mm. or more, systolic pressure is predominately 160mm. or more, or if there is a history of diastolic pressure predominately 100mm. or more and the individual requires continuous medication for control. In support of his claim for a higher initial rating, the Veteran argues that, if it were not for his use of hypertension medication, his blood pressure would meet the diagnostic criteria for a 10 percent rating. The evidence does not support his claim, however. During a VA examination in August 2016, the examiner noted that the Veteran’s treatment plan for hypertension included taking continuous medication. At the examination, the following blood pressure readings were noted: March 2016, 130/80; April 2016, 148/98; and August 2016, 130/80. At earlier examinations the following blood pressure readings are on record: in November 2014, 124/84, 126/84, and 124/88; in May 2014, 146/110, 132/100, 152/84, and 140/100; in January 2014, 124/96, 104/78, and 118/90; in October 2013, 124/78; in August 2013, 120/82; in April 2013, 130/88; in March 2012, 126/80; and in December 2011, 114/82. In view of the above, the Board finds that the Veteran’s hypertension is properly assigned a zero percent rating. Although the Veteran requires medication for control of his hypertension, he does not have a history of diastolic pressure predominantly 100 or more. During the appeal period, most diastolic pressure readings have been less than 100 and systolic pressure readings have been less than 160. Further, there is no evidence of record indicating that the Veteran’s hypertension would meet the criteria for an increased rating if he were not medicated. Accordingly, the disability does not meet the criteria for a compensable rating. While the Veteran is competent to report that his hypertension is worse than presently evaluated, whether a disability meets the schedular criteria for the assignment of a higher evaluation is a factual determination by the Board based on the Veteran’s complaints coupled with the medical evidence. Here, although the Veteran may believe that he meets the criteria for disability ratings in excess of the assigned rating, the medical findings show that he does not meet the schedular requirements for a higher rating, as explained and discussed above. The Board has concluded that the medical evidence, prepared by skilled professionals, is more probative of the degree of disability. As the preponderance of the evidence is against the claim, the benefit of the doubt rule does not apply, and the claim must be denied. CHRISTOPHER MCENTEE Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Hebert, Law Clerk