Citation Nr: A20009477 Decision Date: 05/28/20 Archive Date: 05/28/20 DOCKET NO. 191112-43963 DATE: May 28, 2020 ORDER Entitlement to an initial compensable rating for hypertension is denied. FINDING OF FACT The Veteran’s blood pressure readings have not more nearly approximated findings of diastolic pressure predominantly 100 or more or systolic pressure predominantly 160 or more; the Veteran’s hypertension requires continuous medication for control, but the weight of the evidence is against a finding that he has a history of diastolic pressure predominantly 100 or more. CONCLUSION OF LAW The criteria for an initial compensable rating for hypertension are not met. 38 U.S.C. § 1155; 38 C.F.R. §§ 4.3, 4.7, 4.104, Diagnostic Code 7101. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1982 to August 1982, from November 1985 to May 1995, and from October 2001 to August 2002. On August 23, 2017, the Veterans Appeals Improvement and Modernization Act, also known as the Appeals Modernization Act (AMA), was signed into law. This law creates a new framework for Veterans dissatisfied with VA’s decision on their claim to seek review. This matter is on appeal from a March 2019 decision of a Department of Veterans Affairs (VA) Regional Office (RO). In November 2019, VA received a VA Form 10182, Notice of Disagreement, in which the Veteran requested Direct Review by a Veterans Law Judge. Accordingly, the Board will consider the evidence of record as of the date of the March 2019 rating decision. Evidence was added to the claims file during a period of time when new evidence was not allowed. Therefore, the Board may not consider this evidence. 38 C.F.R. § 20.300. The Veteran may file a Supplemental Claim and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Increased Rating for Hypertension The Veteran contends that he is entitled to an initial compensable rating for his service-connected hypertension. Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities (Rating Schedule). 38 C.F.R. Part 4. The Rating 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 military 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. See 38 U.S.C. § 1155; 38 C.F.R. § 4.1. The Veteran’s hypertension is currently rated as noncompensable under Diagnostic Code (DC) 7101. This diagnostic code does not provide for a noncompensable rating; therefore, the initial evaluation was assigned in accordance with 38 C.F.R. § 4.31 (providing that when a diagnostic code does not provide for a zero percent evaluation, a zero percent evaluation shall be assigned if the compensable requirements are not met). Under Diagnostic Code 7101, a 10 percent rating is warranted for hypertension with diastolic pressure predominantly 100 or more; or, systolic pressure predominantly 160 or more; or, 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 hypertension with diastolic pressure predominantly 110 or more; or, systolic pressure predominantly 200 or more. A 40 percent rating is warranted for hypertension with diastolic pressure predominantly 120 or more. A 60 percent rating is warranted for hypertension with diastolic pressure predominantly 130 or more. 38 C.F.R. § 4.104, DC 7101. Where there is a question as to which of two evaluations shall be applied, the higher rating will be assigned if the disability picture more nearly approximates the criteria required for that evaluation. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. Reasonable doubt as to the degree of disability will be resolved in the Veteran’s favor. 38 C.F.R. § 4.3. In this case, the Veteran was provided with a VA examination in February 2019. The examiner noted that the Veteran’s hypertension was diagnosed in 2015 and that he had been treated with antihypertensive medication and that he had been fairly well controlled since then. The examiner noted that the Veteran’s condition requires continuous medication (25 mg Hydrochlorothiazide daily). The examiner indicated that the Veteran did not have a history of diastolic blood pressure elevation to predominantly 100 or more. On examination, the Veteran’s blood pressure was measured at 138/82, 142/88, and 140/84. The Veteran had no other pertinent physical findings, complications, conditions, signs, or symptoms related to this condition. VA treatment records and private medical records reflect that the Veteran’s blood pressure was measured at 120/70 in June 2017; 137/83 in July 2017; 136/84 in September 2017; 131/83 in October 2017; 128/72 in January 2018; 128/77 in April 2018; 135/86 on May 23, 2018; 142/82 and a repeat reading of 132/83 on May 29, 2018; 128/70 on June 8, 2018; 120/80 on June 29, 2018; 118/74 in July 2018; 132/88 in September 2018; 138/82 on October 15, 2018; 130/78 on October 22, 2018; 147/75 in December 2018; 163/80 in January 2019; and, 126/74 in February 2019. VA and private treatment records also do not reflect that the Veteran had a history of diastolic pressure predominantly 100 or more. The Board finds that the Veteran’s hypertension does not more nearly approximate the criteria associated with a 10 percent rating. The Veteran’s blood pressure readings have not more nearly approximated diastolic pressure predominantly 100 or more or systolic pressure predominantly 160 or more. Additionally, although hypertension is controlled with continuous medication, the private and VA treatment records do not reflect that the Veteran had a history of diastolic pressure predominantly 100 or more. See McCarroll v. McDonald, 28 Vet. App. 267 (2016). The February 2019 VA examiner specifically noted that the Veteran did not have such a history. The Board has considered the doctrine of reasonable doubt; however, the benefit-of-the-doubt doctrine is not applicable because the preponderance of the evidence is against the claim seeking a compensable rating for hypertension. 38 U.S.C. § 5107(b); 38 C.F.R. §§ 4.7, 4.21. M. SORISIO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. H. White, Associate Counsel 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.