Citation Nr: 21003787 Decision Date: 01/22/21 Archive Date: 01/22/21 DOCKET NO. 14-19 921 DATE: January 22, 2021 ORDER Entitlement to an initial compensable rating for hypertension is denied. FINDING OF FACT During the appeal period, the Veteran’s hypertension did not manifest in diastolic pressure predominantly 100 or more, or systolic pressure predominantly 160 or more. Also, while the Veteran’s hypertension requires continuous medication for control, he did not have a history of diastolic pressure predominantly 100 or more. CONCLUSION OF LAW The criteria for an initial compensable rating for hypertension have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1-4.7, 4.21, 4.31, 4.104, Diagnostic Code (DC) 7101. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service in the U.S. Navy from April 1968 to January 1972. In February 2018, the Board remanded the above issue for additional development, including obtaining a VA examination and requesting potential additional treatment records. The Veteran subsequently underwent a VA examination for his hypertension in March 2020. According to a March 2020 development correspondence, the VA also made efforts to obtain additional treatment records. Therefore, the Board is satisfied there was substantial compliance with its remand orders. See Dyment v. West, 13 Vet. App. 141, 146-47 (1999); Stegall v. West, 11 Vet. App. 268, 271 (1998). 1. Entitlement to a compensable initial rating for hypertension is denied. The Veteran is seeking an initial compensable rating for hypertension. His hypertension is rated pursuant to 38 C.F.R. § 4.119, DC 7101 from February 24, 2011. A 10 percent rating is assigned where diastolic pressure is predominantly 100 or more, or; systolic pressure is 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 of the condition. A 20 percent rating is assigned when diastolic pressure is predominantly 110 or more or systolic pressure predominantly 200 or more. A 40 percent rating is assigned when diastolic pressure is predominantly 120 or more. A 60 percent rating is assigned when diastolic pressure is predominantly 130 or more. Turning to the relevant evidence, the Veteran’s VA and private treatment records note ongoing treatment of and medication for hypertension. In addition, prior to February 2011, the Veteran’s private treatment records do not show a history of diastolic pressure predominantly 100 or more. Specifically, the Veteran’s blood pressure (BP) readings in November 2010 was 185/108 respectively. However, his BP readings in January 1997, June 1999, November 2001, November 2001, November 2001, November 2001, June 2005, August 2007, August 2007, and August 2007 were 192/70, 198/99, 144/62, 204/97, 130/80, 130/70, 90/56, 125/67, 111/67, and 185/50 respectively. In a March 2019 VA clinician note, the Veteran’s BP reading was 155/97. In an April 2019 addendum, the Veteran’s noted BP was 126/78. In an April 2019 VA visit, the Veteran’s noted BP readings were as follows: 126/78; 143/82; 145/83; 128/73; 126/78; and 130/77. The highest BP reading was noted to be 145/83, and the lowest BP reading was 126/73. The Veteran’s average BP reading was noted to be 133/79. In a May 2019 VA home telehealth note, the Veteran’s noted BP readings were as follows: 143/81; 126/79; 125/70; 112/81; 132/76; 128/83; 141/75; 123/75; 128/71; 131/82; 124/73; 132/78; 115/72; and 125/68. The highest BP reading was noted to be 143/83, and the lowest BP reading was 112/68. The Veteran’s average BP reading was noted to be 128/76. In a May 2019 VA home telehealth note, the Veteran’s noted BP readings were as follows: 132/76; 143/81; 126/79; 125/70; 112/81; 132/76 ;128/83; 141/75; 123/75; 128/71; 131/82; 124/73; 132/78; and 115/72. The Veteran’s highest BP reading was 143/83, and his lowest BP reading was 112/70. The Veteran’s average BP reading was noted to be 128/77. In a May 2019 VA nurse note, the Veteran’s BP reading was noted to be 112/61. In the June 2019 VA home telehealth discharge note, the highest BP reading was noted to be 138/83, and the lowest BP reading was 114/62. The Veteran’s average BP reading was noted to be 125/73. In the March 2020 VA examination for heart conditions, the Veteran’s BP was 124/75. In the March 2020 VA examination for hypertension, the examiner noted the Veteran’s hypertension diagnosis. The examiner also noted the following: The Veteran’s treatment plan includes taking continuous medication for hypertension or isolated systolic hypertension. The Veteran does not have a history of a diastolic BP elevation to predominantly 100 or more. The Veteran’s BP readings on March 2019, May 2019, and June 2019 were 155/97, 112/61, and 124/75 respectively. Given the above, the evidence does not show diastolic pressure that is predominantly 100 or more or systolic pressure that is predominantly 160 or more. In fact, none of the above BP readings indicate a diastolic pressure above 100 or a systolic pressure above 160. While the Veteran’s hypertension requires continuous medication for control of the condition, the evidence does not show that the Veteran has a history of diastolic pressure predominantly of 100 or more. The Board acknowledges that, in his May 2017 testimony, the Veteran reported his hypertension had worsened, as it had required a change in medication as well as an increase in medication. However, the Board notes that, according to the evidence of record, his diastolic pressure remains below 100 and his systolic pressure remains below 160. Accordingly, an initial compensable rating for hypertension is not warranted. GAYLE STROMMEN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. E. Grossman, 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.