Citation Nr: 21066160 Decision Date: 10/28/21 Archive Date: 10/28/21 DOCKET NO. 18-41 679 DATE: October 28, 2021 ORDER Entitlement to a compensable evaluation for hypertension is denied. FINDING OF FACT The Veteran's hypertension is manifested by diastolic pressure no more than 94 and systolic pressure no more than 143; the Veteran requires continuous medication to control his hypertension. CONCLUSION OF LAW The criteria for a compensable evaluation for hypertension have not been met. 38 U.S.C. §§ 1155, 5103A, 5107 (2012); 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.104, Diagnostic Code 7101. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from September 1977 to July 1991. This matter comes before the Board of Veterans' Appeals (Board) from a January 2018 rating decision by the Agency of Original Jurisdiction (AOJ). A Board hearing was held in January 2021. A transcript is of record. The Veteran seeks a compensable evaluation for his hypertension. He argues that he has had blood pressure readings with diastolic pressures consistently more than 100 beginning in July 2020. See Hearing Tr. at 3-4. Disability evaluations are determined by the application of a schedule of ratings based on average impairment in earning capacity. 38 U.S.C. § 1155 (2012). Percentage evaluations are determined by comparing the manifestations of a particular disorder with the requirements contained in the VA's Schedule for Rating Disabilities (Rating Schedule), 38 C.F.R. Part 4. The percentage ratings contained in the Rating Schedule represent, as far as can practically be determined, the average impairment in earning capacity resulting from such disease or injury and their residual conditions in civilian occupations. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. VA has a duty to acknowledge and consider all regulations which are potentially applicable through the assertions and issues raised in the record, and to explain the reasons and bases for its conclusion. If there is a question as to which evaluation to apply to the Veteran's disability, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. Under 38 C.F.R. § 4.104, Diagnostic Code 7101, pertaining to hypertensive vascular disease, a 10 percent rating is in order when diastolic pressure is predominantly 100 or more, or when systolic pressure is predominantly 160 or more, or when an individual with a history of diastolic pressure predominantly 100 or more requires continuous medication for control. A 20 percent rating is warranted when diastolic pressure is predominantly 110 or more, or when systolic pressure is predominantly 200 or more. When diastolic pressure is predominantly 120 or more, a 40 percent rating is warranted. A maximum schedular rating of 60 percent is assigned when diastolic pressure is predominantly 130 or more. Treatment records from Advance Family and Sports Medicine Center reflect blood pressure readings ranging from 112/71 in May 2017 to 138/88 in December 2017. Blood pressure readings taken during VA examination in December 2017 were 126/71, 119/71, and 124/71. The examiner noted that the Veteran did not have a history of a diastolic blood pressure elevation to predominantly 100 or more. He remarked that the Veteran's hypertension required four medications for control. VA treatment records indicate blood pressure readings of 136/83 in September 2018 and 147/90 in November 2018. When he presented at the Good Samaritan Hospital emergency department in July 2020, the Veteran's blood pressure was 143/88. Records from CHI Franciscan Health reflect blood pressure readings of 167/81 in February 2020 and 148/84 in October 2021. Additionally, on stress testing in February 2020, the peak blood pressure was 205/99. On VA examination in October 2021, the Veteran's blood pressure was measured as 165/90, 150/78, and 156/82. (Continued on the next page) Upon careful review of the evidence, the Board concludes that a compensable evaluation for hypertension is not warranted. In this regard, blood pressure readings pertinent to the appellate period reflect diastolic pressure no more than 90 at rest, and systolic pressure no more than 167 at rest. The Board recognizes that on stress testing in February 2020, peak blood pressure was 205/99; however, this does not support a finding that systolic pressure is predominantly 160 or more, or diastolic pressure predominantly 100 or more. Moreover, while the record reflects that continuous medication is necessary for control of the Veteran's hypertension, the diagnostic criteria for a 10 percent evaluation specifies that the individual who requires continuous medication for control must have a history of diastolic pressure of 100 or more. This is not the case for the Veteran. Thus, the Board concludes that the criteria for a compensable evaluation for hypertension are not met, and that the appeal must be denied. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Department of Veterans Affairs 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.