Citation Nr: 19112167 Decision Date: 02/15/19 Archive Date: 02/15/19 DOCKET NO. 17-28 495A DATE: February 15, 2019 ORDER An initial 10 percent disability rating, and no higher, for hypertension is granted. FINDING OF FACT Resolving all doubt in the Veteran’s favor, her hypertension had a history of diastolic pressure predominantly 100 or more and requires continuous medication, but is not manifested by diastolic pressure predominantly 110 or more or systolic pressure predominantly 200 or more. CONCLUSION OF LAW The criteria for a 10 percent disability rating, and no higher, for hypertension have been met. 38 U.S.C. §§ 1155, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.159, 3.321, 4.1, 4.2, 4.3, 4.7, 4.10, 4.104, Diagnostic Code 7101 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty from April 1996 to April 2016. The Veteran is already in receipt of a combined disability rating of 100 percent, since the day after her discharge from service. A compensable disability rating for hypertension. In a November 2016 rating decision, the RO granted service connection for hypertension, with a noncompensable disability rating. The Veteran contends that a 10 percent disability rating is warranted, based on a a history of diastolic pressure predominantly 100 or more and continuous medication, per her June 2017 VA Form 9. A 10 percent disability rating is warranted for diastolic pressure (bottom number) predominantly 100 or more or systolic pressure (top number) predominantly 160 or more; or minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication. A disability rating higher than 10 percent would be warranted with diastolic pressure predominantly 110 or more or systolic pressure predominantly 200 or more. Diagnostic Code 7101. Following her April 2016 separation from service, a September 2016 VA examiner found that the Veteran’s treatment plan included taking continuous medication and that the Veteran did not have a history of a diastolic blood pressure of predominantly 100 or more. Her blood pressure readings at that time were 130/80, 120/80, and 130/80. Per the September 2016 general VA examination, the Veteran consulted for pain in 2006, and at that time had a blood pressure of 210/105 and was prescribed medications for hypertension. Service treatment records, however, document multiple instances of a diastolic blood pressure of 100 or more prior to and while undergoing adjustment to medications for her hypertension. Pre-2006 dental records showed occasional blood pressure readings of 152/103 in November 2003, 152/104 in December 2003, and 153/96 on December 2005. A February 21, 2006, service treatment record documented 168/95, an August 17, 2006, one of 168/102, and an August 20, 2006, of 138/100. There was an August 18, 2006, record of 168/102 and her physician counselled that the Veteran likely required a higher dose of medication to control blood pressure. An August 21, 2006 record documented 138/100, noting poorly controlled hypertension and the need to up medication. A January 2007 dental record showed 159/98 and 157/106, with the dental provider recommending that the Veteran follow up with her medical provider regarding her hypertension. Subsequent findings were generally lower under proper medication. For example, an August 2010 record showed that after serial blood pressure checks, she had an average blood pressure of less than 140/90. The September 2015 retirement examination noted a history of hypertension since 2005, controlled by medication, and a reading of 125/65. A post-service February 2017 VA medical record documented a blood pressure reading of 110/80. Although there were also multiple diastolic readings of less than 100 prior to the Veteran’s normalization of blood pressure under medication, there were several instances of diastolic readings of 100 or higher, including at times when she was attempting to determine the correct medication for control. Given such findings, and giving the Veteran the benefit of the doubt, the Board finds that a 10 percent disability rating is warranted. The Board notes that the Veteran has argued for a 10 percent rating, but not indicated that a higher rating is warranted. A disability rating higher than 10 percent, however, is not warranted. At no time prior to her separation from service or during the appeal period was the Veteran’s diastolic pressure predominantly 110 or more. Similarly, at no time during the appeal period was his systolic pressure predominantly 200 or more. Indeed, the Board notes that the vast majority of findings were for diastolic numbers were of less than 110 and systolic numbers were of less than 200 of record. (Continued on the next page)   A disability rating of 10 percent, and no higher, for hypertension is granted. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Lindio