Citation Nr: 18159904 Decision Date: 12/20/18 Archive Date: 12/20/18 DOCKET NO. 17-02 300 DATE: December 20, 2018 ORDER A compensable rating for hypertension is denied. FINDING OF FACT The Veteran’s service-connected hypertension is not shown to have been productive of diastolic pressure predominantly 100 or more, or systolic pressure predominantly 160 or more; he is not shown to be an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control. CONCLUSION OF LAW The criteria for a compensable rating for hypertension have not been met. 38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.321, 4.1, 4.104, Diagnostic Code 7101 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1988 to August 2012. In an August 2013 rating decision, the Veteran was granted service connection for hypertension and assigned a noncompensable disability rating. The Veteran appealed, claiming he is entitled to a compensable rating. The matter is now before the Board for adjudication. Entitlement to a compensable rating for hypertension Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities. 38 C.F.R. Part 4 (2018). The Schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of or incident to service. The ratings are intended to compensate, as far as can practicably be determined, the average impairment of earning capacity resulting from such diseases and injuries and their residual conditions in civilian occupations. 38 U.S.C. § 1155 (2012); 38 C.F.R. § 4.1 (2018). In considering the severity of a disability, it is essential to trace the medical history of the Veteran. 38 C.F.R. §§ 4.1, 4.2, 4.41 (2018). Consideration of the whole recorded history is necessary so that a rating may accurately compensate the elements of disability present. 38 C.F.R. § 4.2; Peyton v. Derwinski, 1 Vet. App. 282 (1991). Although the regulations do not give past medical reports precedence over current findings, the Board is to consider the Veteran’s medical history in determining the applicability of a higher rating for the entire period in which the appeal has been pending. Powell v. West, 13 Vet. App. 31 (1999). Hypertension is rated pursuant to the criteria set forth in 38 C.F.R. § 4.104, Diagnostic Code 7101. Under this Diagnostic Code, a 10 percent rating is warranted for diastolic pressure predominantly 100 or more, or systolic pressure predominantly 160 or more, or as a minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control. A 20 percent rating is warranted for diastolic pressure predominantly 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 (the highest rating) is warranted for diastolic pressure predominantly 130 or more. The Veteran was afforded a general VA examination in May 2012. As it pertains to hypertension, the examiner noted the Veteran started treatment for hypertension in 2008 and described no side effects from the medication, but he reported good control of his blood pressure. The examiner recorded three blood pressure readings, all on the examination date, of 124/88, 126/86 and 124/87. The Veteran was afforded a VA examination specifically for his hypertension in October 2016. The examiner specifically found that the Veteran does not have a history of diastolic blood pressure elevation to predominantly 100 or more. The examiner also noted the Veteran’s hypertension is controlled with medication. The examiner recorded three blood pressure readings, all on the examination date, of 129/84, 118/80 and 118/80. Upon review of the record, the Board finds that the medical evidence of record does not establish that the Veteran’s service-connected hypertension warrants a compensable disability rating. The VA examinations noted above include multiple blood pressure readings since the Veteran’s initial diagnosis, and of the six readings, none show a diastolic blood pressure of 100 or higher, and none show a systolic blood pressure reading of 160 or higher. Similarly, the Veteran’s VA treatment records confirm that he is being treated for hypertension with medication, but no record documents that he has had a diastolic reading of 100 or higher or a systolic reading of 160 or higher. Thus, there is simply no evidence to show that the Veteran’s diastolic blood pressure is predominantly 100 or higher or that his systolic blood pressure is predominantly 160 or higher. As such, a disability rating in excess of the current noncompensable rating for hypertension cannot be granted. Furthermore, while the Veteran has been prescribed medicine to treat his hypertension, the Board notes that the rating criteria for hypertension specifically contemplate the use of medication to ameliorate symptoms and that a higher rating may not be assigned based solely on the fact that the Veteran uses medication to treat his symptoms. Indeed, in McCarroll v. McDonald, 28 Vet. App. 267 (2016), the Court specifically held that the Board did not err in failing to discount the ameliorative effects of blood pressure medication as the plain language of DC 7101 contemplates the effects of medications. Further, despite the Veteran’s use of medications, as discussed above, there is simply no evidence of record to support a finding that his diastolic pressure has historically been predominantly 100 or more to warrant a 10 percent rating. The Board has considered the applicability of the benefit of the doubt doctrine. However, as the preponderance of the evidence is against the Veteran’s claim of entitlement to a higher rating, that doctrine is not applicable. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. The claim must be denied. CAROLINE B. FLEMING Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Jiggetts, Associate Counsel