Citation Nr: 21072155 Decision Date: 12/02/21 Archive Date: 12/02/21 DOCKET NO. 16-32 179 DATE: December 2, 2021 ORDER Entitlement to an initial compensable rating prior to July 14, 2014 and an initial rating greater than 10 percent thereafter, for hypertension is denied. Entitlement to an earlier effective date of August 8, 2007, for an award of service connection for hypertension is granted. PFINDINGS OF FACT 1. The record evidence shows that, prior to July 14, 2014, the service-connected hypertension required continuous medication for control, systolic pressure was predominantly less than 160, and diastolic pressure was predominantly less than 100. 2. The record evidence shows that, since July 14, 2014, the service-connected hypertension showed systolic pressure of predominantly less than 200 and diastolic pressure of predominantly less than 110. 3. The record evidence shows that the Veteran submitted a claim of service connection for hypertension on August 8, 2007, and continuously prosecuted this claim since that date. CONCLUSIONS OF LAW 1. The criteria for an initial compensable rating prior to July 14, 2014 and an initial rating greater than 10 percent thereafter, for hypertension have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.31, 4.104, Diagnostic Code (DC) 7101. 2. The criteria for an effective date of August 8, 2007, for an award of service connection for hypertension have been met. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from July 1967 to June 1970, to include service in the Republic of Vietnam. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2016 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) which granted service connection for hypertension. In March 2019 and May 2020, the Board remanded this matter for additional development. The Veteran was scheduled for a November 2019 Board hearing; however, he withdrew his hearing request in November 2021. See 38 C.F.R. § 20.704. In July 2021, the Veteran was notified that additional evidence was associated with the record and given an option to waive AOJ review of the evidence. In August 2021, he waived AOJ review of the additional evidence. 1. Higher initial ratings for hypertension Prior to July 14, 2014 Based on the evidence of record, the Board finds that the criteria for an initial compensable rating prior to July 14, 2014, for hypertension are not met. In this regard, a January 2011 private evaluation noted the Veteran's blood pressure readings were 150/92, 150/90 and 150/90. He was noted to be prescribed Diovan HCT tablet. VA and private treatment records also have been reviewed. There do not appear to be any instances where systolic pressure was above 160. Importantly, his diastolic pressure had always been under 100. In sum, the Board finds that the medical evidence reflects that, from the effective date of the award of service connection, diastolic pressure had not been recorded as predominantly 100 or more and his systolic pressure were not recorded as predominantly 160 or more, which is the criteria for the minimum, compensable 10 percent rating under DC 7101. Moreover, for the period prior to July 14, 2014, the evidence does not show a history of diastolic pressure predominantly 100 or more that required medication for control. Although he has been on continuous medication, the medical evidence of record does not show diastolic blood pressure readings predominantly over 100. The Board acknowledges that the Veteran believes that his hypertension is more severe than currently and initially evaluated. He is competent to report observable symptoms. Layno v. Brown, 6 Vet. App. 465 (1994). In this case, however, the competent medical evidence offering detailed specific specialized determinations pertinent to the rating criteria are the most probative evidence regarding evaluating the pertinent symptoms for the disability on appeal. The medical evidence also largely contemplates the Veteran's descriptions of symptoms. The lay testimony has been considered together with the probative medical evidence clinically evaluating the severity of the pertinent disability symptoms. In summary, the Board finds that the criteria for an initial compensable rating prior to July 14, 2014, for hypertension are not met. Since July 14, 2014 The Veteran also is not entitled to an initial rating greater than 10 percent effective July 14, 2014, for his service-connected hypertension. At the July 2014 VA examination, although it was noted that continuous medication was required, his blood pressure readings were 122/82, 171/93, and 160/103, with an average of 151/92. The examiner found that the Veteran did not have a history of diastolic blood pressure elevation to predominantly 100 or more. At the July 2019 private examination, the examiner did not provide current blood pressure readings but specifically found that the Veteran had a history of a diastolic blood pressure elevation to predominately 100 or more. Most recently at the September 2019 VA examination, the Veteran's blood pressure readings were 135/80, 164/89, and 149/85, with an average of 149/85. Again, the examiner noted that the Veteran did not have a history of diastolic blood pressure elevation to predominately 100 or more. VA treatment records since July 14, 2014 have also been reviewed. There do not appear to be any instances where systolic pressure was above 200. Importantly, diastolic pressure has always been under 110. In summary, the Board finds that, effective July 14, 2014, the Veteran's diastolic pressure was not predominantly 110 or more and his systolic pressure was not predominantly 200 or more, which is the criteria for a 20 percent rating under DC 7101. The Board again has considered the Veteran's lay statements but they do not support assigning a higher initial rating effective July 14, 2014, for the service-connected hypertension. In summary, the Board finds that the criteria for an initial rating greater than 10 percent effective July 14, 2014, for hypertension have not been met. 2. Earlier effective date for an award of service connection for hypertension Service connection for hypertension was granted by the Board in a December 2015 decision, and effectuated by the RO in a January 2016 rating decision. The Board notes that the Veteran submitted his initial claim of service connection for hypertension on August 8, 2007. Service connection was denied by a rating decision of the RO in October 2007. The Veteran disagreed with the denial and a SOC was issued and submitted a timely appeal. Service connection eventually was granted as secondary to service-connected ischemic heart disease (IHD) in December 2015. While the RO set the date of claim for IHD, July 23, 2010, as the effective date of the award of service connection for hypertension, the Board finds that August 8, 2007, is the more appropriate effective date for an award of service connection for hypertension. The Veteran has prosecuted this claim continuously since that date. In summary, and after resolving any reasonable doubt in the Veteran's favor, the Board finds that the criteria for an earlier effective date of August 8, 2007, for an award of service connection for hypertension have been met. MICHAEL T. OSBORNE Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A.N., 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.