Citation Nr: 20042812 Decision Date: 06/24/20 Archive Date: 06/24/20 DOCKET NO. 14-36 993 DATE: June 24, 2020 ORDER Entitlement to a rating in excess of 10 percent for hypertension, for accrued benefits purposes, is denied. FINDING OF FACT The Veteran’s hypertension was not manifested by diastolic blood pressure readings of predominantly 110 or more or systolic blood pressure readings of predominantly 200 or more. CONCLUSION OF LAW The criteria for entitlement to a rating in excess of 10 percent for hypertension, for accrued benefits purposes, have not been met. 38 U.S.C. §§ 1155, 5107(b), 5121; 38 C.F.R. §§ 3.1000 (c), 4.1, 4.2, 4.3, 4.7, 4.14, 4.21, 4.104, Diagnostic Code 7101. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Navy from August 1958 to September 1978. This appeal to the Board of Veterans’ Appeal (Board) arose from an October 2013 rating decision, which, in pertinent part denied the Veteran’s claim for a rating in excess of 10 percent for his service-connected hypertension. In June 2018, the Board remanded the claim for additional development, to include the provision of a new VA examination to assess the severity of the Veteran’s disability. Unfortunately, the Veteran died in September 2018, prior to the promulgation of a decision in the appeal. See VA Form 27-0820a, Report of First Notice of Death; Certificate of Death. The Veteran’s spouse, who is an eligible accrued benefits beneficiary, has been duly substituted as the Appellant for the purposes of this appeal. 38 U.S.C. § 5121A; February 2019 VA decision letter (granting the Appellant’s request to be a substituted party for the Veteran’s pending claims that were not yet decided on the date he passed). In April 2020, a VA medical examiner provided a medical opinion regarding the severity of the Veteran’s disability prior to his death, thereby completing the remand directives. As the actions specified in the remand have been completed, the matter has been properly returned to the Board for appellate consideration. See Stegall v. West, 11 Vet. App. 268 (1998). Entitlement to a rating in excess of 10 percent for hypertension, for accrued benefits purposes, is denied. In July 2012, the Veteran sought a rating in excess of 10 percent for his service-connected hypertension. As the Veteran’s increased rating claim was filed in July 2012, the Board will review all relevant evidence of record from one year prior to that date. The Veteran’s service-connected hypertension was rated under 38 C.F.R. § 4.104, Diagnostic Code 7101. For a minimum 10 percent rating diastolic blood pressure must be 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. Thus, the Veteran’s use of medication for control of hypertension is encompassed in the 10 percent rating assigned for that disorder. For the next higher schedular rating of 20 percent, diastolic blood pressure must be predominantly 110 or more; or systolic blood pressure must be predominantly 200 or more. The Board has reviewed the entire evidentiary record. The record reflects the following blood pressure readings during the appellate period: 133/69 (private treatment record dated June 6, 2012), 142/76, 140/70, 140/70 (VA examination dated August 13, 2013), 145/63 (VA treatment record dated January 13, 2016), and 133/62 (VA treatment record dated January 13, 2017). This data is confirmed by the information enumerated in the April 2020 medical opinion. The record demonstrates that, for the period prior to one year before receipt of the Veteran’s July 18, 2012 claim for increase, as well as thereafter, the Veteran never had diastolic blood pressure readings of predominantly 110 or more; or systolic blood pressure readings of predominantly 200 or more as is necessary to award a higher 20 percent disability rating. Consequently, the Board must conclude that the preponderance of the evidence is against the claim for a rating in excess of 10 percent for hypertension, for the purpose of accrued benefits. JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. Bush 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.