Citation Nr: 20008260 Decision Date: 01/31/20 Archive Date: 01/30/20 DOCKET NO. 15-00 021 DATE: January 31, 2020 ORDER A disability rating in excess of 10 percent for hypertension since October 26, 2010, is denied. FINDING OF FACT Beginning October 26, 2010, the Veteran’s hypertensive readings were not characterized by a diastolic pressure of predominantly 110 or more, or systolic pressure predominantly of 200 or more. CONCLUSION OF LAW The criteria for a disability rating in excess of 10 percent for hypertension beginning October 26, 2010, have not been met. 38 U.S.C. §§ 1155, 5103, 5103A, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.321, 3.326(a), 4.7, 4.14, 4.104, Diagnostic Code 7101 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from August 1988 to August 1996. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a January 2012 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO) in Roanoke, Virginia. In April 2018, the Veteran testified at a hearing before the undersigned Veterans Law Judge. A copy of the hearing transcript has been associated with the claims file. The Veteran has been in receipt of a 10 percent disability rating for hypertension beginning August 15, 1996. On October 26, 2010, the Veteran submitted a claim for an increased disability rating for hypertension. He contends that his hypertension has worsened and that he is entitled to a disability rating in excess of 10 percent. Disability evaluations are determined by comparing the Veteran’s current symptomatology with the criteria set forth in the Schedule for Rating Disabilities. 38 U.S.C. § 1155 (2012); 38 C.F.R. Part 4 (2017). Where there is a question as to which of two disability evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that evaluation. Otherwise, the lower evaluation will be assigned. 38 C.F.R. § 4.7. A 10 percent rating is warranted for hypertension with diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; 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 where there is diastolic pressure predominantly 110 or more, or; systolic pressure predominantly 200 or more. A 40 percent rating is warranted where there is diastolic pressure predominantly 120 or more, and a 60 percent rating is warranted where Diastolic pressure predominantly 130 or more. Note (1) to the diagnostic code states: Hypertension or isolated systolic hypertension must be confirmed by readings taken two or more times on at least three different days. For purposes of this section, the term hypertension means that the diastolic blood pressure is predominantly 90mm. or greater, and isolated systolic hypertension means that the systolic blood pressure is predominantly 160mm. or greater with a diastolic blood pressure of less than 90mm. Note (2) states: Evaluate hypertension due to aortic insufficiency or hyperthyroidism, which is usually the isolated systolic type, as part of the condition causing it rather than by a separate evaluation. Note (3) states: Evaluate hypertension separately from hypertensive heart disease and other types of heart disease. 38 C.F.R. § 4.104, Diagnostic Code 7101 (2017). The Veteran’s blood pressure readings for the relevant period are as follows: January 2011 132/90, 132/80, 134/80, and 130/82 March 2011 126/82 and 132/90 November 2011 142/90 January 2012 132/90 April 2012 128/86 and 138/92 May 2012 138/92 and 138/82 July 2012 130/90 and 124/82 September 2012 126/90 December 2012 141/87 January 2013 162/92 and 149/85 March 2013 167/106 April 2013 143/96 and 158/101 May 2013 157/96 and 166/84 June 2013 144/96, 146/84, 132/80, and 146/86 July 2013 126/84 and 142/90 November 2013 130/78 December 2013 128/84 January 2014 133/84 April 2014 127/66 July 2014 158/97 August 2014 140/90 September 2014 124/92 October 2014 146/88 and 133/74 November 2014 132/88, 126/80, and 134/86 December 2014 114/78 January 2015 136/88 and 136/75 February 2015 140/80, 151/92, 142/86, 157/96, and 136/72 March 2015 128/84, 138/92, 150/89, 162/98, 149/89, 169/108, 162/103, and 161/102 April 2015 152/98, 167/96, 139/79, 135/78, 143/90, 143/86, and 142/86 May 2015 142/74, 130/70, 142/84, and 128/84 June 2015 132/76, 134/88 and 114/74 July 2015 148/85, 126/84, 141/86, and 139/66 September 2015 160/92, 142/94, 138/100, 155/93, 160/97, 109/80, 145/84, 154/87, 134/89, 132/88, 129/100, 134/99, 135/97, 155/96, 145/91, 144/93, and 151/90 October 2015 130/85, 129/86, 143/91, 136/92, 141/92, 146/89, 144/95, 158/90, and 135/90 November 2015 132/90, 128/84, and 132/98 December 2015 129/84, 130/80, 133/88 and 135/84 February 2016 140/92 March 2016 132/84 April 2016 140/100 May 2016 110/82, 136/90 and 140/90 June 2016 136/86 July 2016 124/84 August 2016 118/78, 148/94, 121/83, 109/77, 142/76, 143/90, 155/89, and 123/93 September 2016 121/80 and 120/80 October 2016 136/80 January 2017 130/92, 124/82, and 138/70 February 2017 130/80, 132/81, 127/86, and 128/82 (average noted as 129/83) May 2017 130/70 and 142/64 June 2017 124/82 July 2017 126/90 August 2017 141/90 September 2017 130/86 November 2017 138/80 and 118/80 December 2017 150/84 and 120/70 February 2018 140/82 March 2018 110/70, 140/72, and 120/78 April 2018 110/72 and 132/60 May 2018 118/74 and 149/89 June 2018 130/80 July 2018 110/80 October 2018 109/88, 138/85, 138/86, 133/87, 135/94, 144/94, 145/96, 154/93, 152/98, and 146/90 October 2018 130/80, 138/84, and 136/88 November 2018 134/71 December 2018 116/74 January 2019 130/84 and 128/72 March 2019 142/65 and 124/82 April 2019 120/62 May 2019 128/86, 130/86, 128/84, and 123/66 September 2019 133/87 Treatment records demonstrate that the Veteran takes daily medications, to include Losartan and amlodipine, for treatment of his blood pressure. From October 2010 to September 2019, the record does not show that the Veteran’s blood pressure readings show diastolic pressure of predominantly 110 or more or systolic pressure of 200 or more. The Veteran’s highest diastolic pressure reading was 108 and his highest systolic pressure reading was 169. (Continued on the next page)   Given these facts, the Board finds that the preponderance of the evidence is against the claim for a rating greater than the currently-assigned 10 percent. 38 C.F.R. § 4.7. See Hart, 21 Vet. App. at 505. A 20 percent rating is not warranted because the Veteran has never had a diastolic pressure predominantly 110 or more, or; systolic pressure predominantly 200 or more. Vito A. Clementi Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Carolyn M. Colley The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.