Citation Nr: 18123781 Decision Date: 08/03/18 Archive Date: 08/02/18 DOCKET NO. 15-33 368 DATE: August 3, 2018 ORDER Entitlement to a compensable rating for hypertension is denied. FINDING OF FACT The Veteran’s hypertension has not been manifest by diastolic pressures of predominantly 100 or greater, or systolic pressures predominantly 160 or greater. CONCLUSION OF LAW The criteria for entitlement to a compensable rating for hypertension have not been met. 38 U.S.C. §§ 1155, 5107, 7104 (2012); 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.31, 4.104, Diagnostic Code 7101 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Marine Corps from September 1984 to February 1985, the United States Air Force from August 1987 to May 1993, and the United States Army from June 2008 to September 2013. Neither the Veteran nor his representative have raised any issues with the duty to notify or duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that “the Board’s obligation to read filings in a liberal manner does not require the Board . . . to search the record and address procedural arguments when the veteran fails to raise them before the Board.”); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument). Entitlement to a compensable rating for hypertension The Veteran seeks a compensable disability evaluation for his service-connected hypertension. The Veteran’s disability has been evaluated under Diagnostic Code 7101 hypertensive vascular disease (hypertension and isolated systolic hypertension). Diagnostic Code 7101 provides a 10 percent rating for evidence showing diastolic (the number on the bottom of a blood pressure reading) pressure of predominantly 100 or more, or; systolic (the number on the top of a blood pressure reading) pressure of predominantly 160 or more; or as a minimum rating for an individual with a history of diastolic pressure of predominantly 100 or more who requires continuous medication for control. A 20 percent rating is provided for evidence of diastolic pressure of predominantly 110 or more, or systolic pressure predominantly 200 or more. A 40 percent rating is provided for evidence of diastolic pressure of predominantly 120 or more. A 60 percent rating is provided for evidence of diastolic pressure of predominantly 130 or more. 38 C.F.R. § 4.104, Diagnostic Code 7101. A February 2015 VA hypertension examination showed blood pressure to be 140/99, 143/84, and 152/91, with an average blood pressure reading of 145/91. Continuous medication was required. The Veteran did not have a history of diastolic blood pressure elevated to predominantly 100 or more, according to the examiner. This is supported by other medical records in evidence, including the service treatment records. Hypertension was found not to affect the Veteran’s ability to work. A September 2016 VA examination report showed the Veteran’s treatment plan includes taking continuous medication for hypertension, with no history of diastolic blood pressure elevation to predominantly 100 or more. Blood pressure readings at the examination were 128/79, 117/77, and 131/76, with an average of 125/77. VA treatment records show that his systolic pressure has not reached 160 and his diastolic pressure, while infrequently reaching 99 and 95 over the course of the appeal period, has not reached 100. In his Notice of Disagreement, the Veteran contends that he is entitled to a compensable rating for hypertension, because he is on continuous medication for control of his hypertension. The Board notes that the evidence shows the Veteran requires continuous use of medication to control his hypertension; however, the Board emphasizes that the continuous use of medication alone does not support a compensable rating. It must be combined with a history of diastolic blood pressure readings of predominantly 100 or more or a history of systolic pressure that is predominantly 160 or more. Further, in his Form 9, the Veteran argues that he is entitled to a compensable rating for hypertension, because in September 2013, which is outside of the appeal period, his blood pressure reading was 140/99 and had he not treated it, it would have been much worse. However, pursuant to Diagnostic Code 7101, the Veteran’s 140/99 reading, even if it were the predominant reading for the appeal period, would not make him eligible for a compensable rating. The Veteran also argued in his Form 9 that the reason his blood pressure is under control is because of his medication. The plain language of Diagnostic Code 7101 contemplates the effect of medications, therefore the Board does not need to discount the ameliorative effects of blood pressure medication. McCarroll v. McDonald, 28 Vet. App. 267, 273 (2016). The record supports a finding that the Veteran does not have a history of diastolic blood pressure elevated to predominantly 100 or more or systolic pressure predominantly 160 or more. A review of the VA hypertension examinations, and VA treatment records produced numerous results, but none with diastolic pressure of 100 or greater or systolic pressure of 160 or greater. Thus, the criteria for a higher evaluation are not met. D. Martz Ames Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Fowler, Associate Counsel