Citation Nr: 21069090 Decision Date: 11/17/21 Archive Date: 11/17/21 DOCKET NO. 17-28 338A DATE: November 17, 2021 ORDER Entitlement to a rating in excess of 10 percent for hypertension is denied. FINDING OF FACT For the entire period on appeal, the Veteran's hypertension was predominantly manifested by diastolic pressure under 110. The Veteran's systolic pressure was predominantly under 200. Continuous use of medication for treatment of hypertension is required, and the relief provided by medication is specifically contemplated by the applicable schedular rating criteria. CONCLUSION OF LAW For the entire period on appeal, the criteria for a rating in excess of 10 percent for hypertension have not been met or approximated. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.321, 4.1, 4.2, 4.7, 4.14, 4.41, 4.104, Diagnostic Code 7101, 4.115. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1988 to July 2012. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an August 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). On the Veteran's June 2017 VA Form 9, he limited his appeal to the issue of entitlement to an increased rating for hypertension. He further requested a hearing before a Board member. However, in an April 2021 correspondence, the Veteran, through his representative, withdrew his hearing request. Therefore, the Board finds that there is no outstanding hearing request. Entitlement to a rating in excess of 10 percent for hypertension The Veteran contends that he is entitled to a rating in excess of 10 percent for hypertension because his blood pressure readings at the August 2015 were high enough to qualify for a 20 percent rating. See September 2021 Veteran's representative correspondence. For the reasons explained below, the Board finds that an increased rating is not warranted. The Veteran's hypertension is rated under Diagnostic Code 7101, which provides that a 10 percent rating is warranted for diastolic pressure predominately 100 or more, or; systolic pressure predominantly 160 or more, or; minimum rating for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control. A 20 percent disability rating requires diastolic readings of predominantly 110 or more or; systolic readings of 200 or more. A 40 percent disability rating required diastolic readings of predominantly 120 or more. A 60 percent disability rating required diastolic readings of predominantly of 130 or more. 38 C.F.R. § 4.104, Diagnostic Code 7101. In August 2015, the Veteran was afforded a VA hypertension examination where he reported that his blood pressure readings fluctuated, but that his diastolic blood pressure typically were in the low 90s. He reported taking Micardis daily. The examiner noted that the Veteran did not have a history of a diastolic blood pressure elevation to predominantly 100 or more. Blood pressure readings were as follows: 154/104; 152/111; and 159/104. His average blood pressure reading was 155/106. Treatment records from 96th Medical Group show blood pressure readings which did not exceed diastolic pressure over 110 or systolic pressure over 151. There is evidence that the Veteran's blood pressure was controlled on Lisinopril daily. Based on the foregoing, the Board finds that the Veteran's disability picture does not warrant a rating in excess of 10 percent. The Board credits the treatment notes from 96th Medical Group and the August 2015 VA examination report which recorded the Veteran's blood pressure readings. The Board further credits the Veteran's lay statements. The Veteran's blood pressure readings during the applicable appeals period were below the threshold required for a rating in excess of 10 percent. His diastolic readings were at their highest of 111 and systolic readings were at their highest of 151. Although 1 of the Veteran's blood pressure readings at the August 2015 VA examination showed a diastolic reading of 111, this is only time during the entire appeals period that his diastolic pressure measured greater than 110. A majority of his blood pressure readings showed diastolic readings below 110. As noted above, in order to qualify for a 20 percent rating, there must be evidence of diastolic pressure predominantly 110 or more. Predominantly can be defined as "mainly; for the most part." See Merriam Webster dictionary, https://www.merriam-webster.com/dictionary/predominantly, last visited November 10, 2021. The sole diastolic reading of 111 at the August 2015 VA examination does not meet the definition of predominantly. Further, the Board acknowledges the Veteran's own lay statements at the August 2015 VA examination that his diastolic readings typically measured in the 90s. Thus, diastolic pressure predominately 100 or more or systolic pressure predominately 160 or more has not been shown by the evidence. There is evidence that the Veteran's hypertension is controlled through medication. The Board is permitted to consider the alleviating effect of blood pressure medication in assigning a disability rating as the Diagnostic Code 7101 explicitly contemplate those effects. But see Jones v. Shinseki, 26 Vet. App. 56, 61 (2012) (finding that the Board committed legal error by considering the effects of medication on the appellant's irritable bowel syndrome when those effects were not explicitly contemplated by the rating criteria). Thus, entitlement to a rating in excess of 10 percent on this basis is not warranted. Accordingly, the preponderance of the evidence is against the claim and as such entitlement to a rating in excess of 10 percent for the service-connected hypertension is denied. Michael A. Pappas Veterans Law Judge Board of Veterans' Appeals Attorney for the Board L. Baskerville 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.