Citation Nr: 21000994 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 18-00 605 DATE: January 6, 2021 ORDER A rating in excess of 10 percent for hypertension is denied. FINDING OF FACT The Veteran’s hypertension results in systolic pressure predominantly less than 200 and diastolic pressure predominantly less than 110. CONCLUSION OF LAW The criteria for a rating in excess of 10 percent for hypertension have not been met. 38 U.S.C. § 1155 (2012); 38 C.F.R. § 4.71a, Diagnostic Code 7101 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1978 to October 1981 and from July 1983 to June 1986. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2017 rating decision of a Regional Office (RO) of the Department of Veterans Affairs (VA) that granted service connection for hypertension and assigned an initial 10 percent rating. The Veteran’s hypertension is rated as 10 percent disabling under Diagnostic Code 7101, applicable to hypertensive vascular disease, which provides for the following ratings: 10 percent: Diastolic pressure predominantly 100 or more or systolic pressure predominantly 160 or more; also the minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control. 20 percent: Diastolic pressure predominantly 110 or more or systolic pressure predominantly 200 or more. 40 percent: Diastolic pressure predominantly 120 or more. 60 percent: Diastolic pressure predominantly 130 or more. See 38 C.F.R. § 4.104, Diagnostic Code 7101. The rating criteria for hypertension specifically contemplates the use of medication to ameliorate symptoms and that a higher rating may not be assigned based solely on the fact that the Veteran uses medication to treat his symptoms. Jones v. Shinseki, 26 Vet. App. 56, 63 (2012). Indeed, in McCarroll v. McDonald, 28 Vet. App. 267 (2016), the Court specifically held that the Board did not err in failing to discount the ameliorative effects of blood pressure medication as the plain language of Diagnostic Code 7101 contemplates the effects of medications. The Veteran underwent a VA examination in July 2017, at which time the examiner noted that the Veteran was noted to have labile hypertension in 1986, with blood pressure readings in February 1986 of 125/108, 152/90, 142/90, 138/100, 146/94, and 160/98. At the time of the examination, the Veteran’s blood pressure measured 120/76, 124/74, and 116/74, with an average blood pressure reading of 120/74. The examiner noted that the Veteran took continuous medication for control of his hypertension. Noting 986 blood pressure readings, the examiner stated that the Veteran had a history of diastolic blood pressure elevated to 100 or greater. Contemporaneous treatment records show blood pressure readings consistent with those found in the examinations. Turning to a review of this evidence, the evidence shows that the Veteran has hypertension that requires continuous medication for control. The evidence shows that the Veteran’s diastolic blood pressure has occasionally measured 110 or greater, as is associated with a rating in excess of 10 percent. For example, in January 2018, the Veteran’s blood pressure measured 136/123. With that said, the Veteran’s medical treatment records contain extensive blood pressure readings, and the weight of such evidence is against a finding either that the Veteran’s diastolic pressure has predominantly measured 110 or greater, or that the Veteran’s systolic pressure has predominantly measured 200 or greater. For these reasons, an evaluation in excess of 10 percent is thus unwarranted. It is again noted that the Veteran’s use of medications to control his hypertension is contemplated in this evaluation. The preponderance of the evidence weighs against the claim. MICHAEL A. HERMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J.A. Flynn, 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.