Citation Nr: 20058366 Decision Date: 09/03/20 Archive Date: 09/03/20 DOCKET NO. 15-28 143 DATE: September 3, 2020 ORDER Entitlement to a rating higher than 20 percent for hypertension with cardiomegaly is denied. FINDING OF FACT The Veteran’s diastolic pressure is not predominantly 120 or more. CONCLUSION OF LAW The criteria for a rating higher than 20 percent for hypertension with cardiomegaly have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1-4.7, 4.21, 4.104, Diagnostic Code (Code) 7101. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1979 to December 1982. This matter is before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In November 2018, the Veteran testified before the undersigned at a Board hearing held via videoconference. This matter was remanded in November 2018 for a contemporaneous VA examination. All requested development has been completed. 1. Entitlement to a rating higher than 20 percent for hypertension with cardiomegaly The Veteran asserts that his hypertension warrants a higher disability rating. The Veteran is currently rated 20 percent for hypertension with cardiomegaly. The Board observes that the 20 percent rating has been in effect since 1997. A disability rating that has been continuously rated at or above a certain percentage for at least 20 years is a protected rating. A protected rating cannot be reduced, let alone eliminated, absent a showing of fraud. 38 C.F.R. § 3.951. Because the Veteran received the rating for his hypertension with cardiomegaly over 20 years ago, this rating is protected. Under Code 7101, hypertension is rated at 20 percent when diastolic pressure is predominantly 110 or more, or systolic pressure is 200 or more. A 40 percent rating requires diastolic pressure of predominantly 120 or more, and a 60 percent rating requires diastolic pressure of predominantly 130 or more. Id. 38 C.F.R. § 4.104. The pertinent evidence consists of the January 2011, December 2018, and September 2019 VA examinations. The Veteran is on continuous medications for his hypertension. Blood pressure readings in January 2011 were 142/100; 132/74; and 178/88. Blood pressure readings in December 2018 were 141/94, 141/82; 149/103, 131/95; 149/103, and 138/103. During a September 2019 VA examination report, the examiner indicated that the Veteran’s current hypertension with cardiomegaly has stayed the same and that the diastolic blood pressure reading exceeds 100 once a week. As stated previously, to warrant the next higher rating of 40 percent, the Veteran requires diastolic pressure of predominantly 120 or more. 38 C.F.R. § 4.104, Code 7101. In this case, there is no evidence of blood pressure readings at those levels. Although the Veteran is on medication and testified there has been some trouble in adjusting the dosage, at no time was the Veteran’s diastolic pressure predominately 120 or more. As such, the Board finds that the Veteran’s current rating of 20 percent appropriately compensates the Veteran for the severity of his disability. The Board notes that the Veteran is competent to give evidence about what he experiences; for example, he is competent to discuss current pain and other experienced symptoms. See Layno v. Brown, 6 Vet. App. 465 (1994). Furthermore, the Board finds the Veteran’s statements to be credible. See Barr v. Nicholson, 21 Vet. App. 303, 307-08 (2007); Washington v. Nicholson, 19 Vet. App. 362, 368-69 (2005). Unfortunately, there is simply no evidence of record that would entitle the Veteran to the next higher rating of 40 percent, as there is no evidence of blood pressure readings with a diastolic level predominately 120 or more. The Board has also considered whether any alternate Diagnostic Codes allow for a higher evaluation or separate evaluation. The Board notes, however, that the Veteran is diagnosed with hypertension with cardiomegaly as well as a separate heart disorder (atrial fibrillation). The September 2019 VA examiner indicated that the cardiomegaly is associated with the hypertension, and that there are no additional diagnoses other than his current hypertension and service-connected heart disability. Further, as noted, he indicated that there has been no worsening of the disability. As such, the Board finds that Code 7101 for hypertension is the most appropriate. In conclusion, the preponderance of the evidence is against the assignment of a rating higher than 20 percent. 38 U.S.C. § 5107; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. McPhaull, 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.