Citation Nr: A21019779 Decision Date: 12/13/21 Archive Date: 12/13/21 DOCKET NO. 211126-200275 DATE: December 13, 2021 ORDER Entitlement to an initial 10 percent rating, but not higher, for hypertension granted. FINDING OF FACT The service connected hypertension was shown to require prescribed anti hypertensive medication and to be manifested by a blood pressure reading of 160/72 on the most recent evaluation of record despite the continuous use of prescribed anti-hypertensive medication. CONCLUSION OF LAW The criteria for an initial 10 percent rating, but not higher, for hypertension have been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 4.7, 4.104, Diagnostic Code 7101. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from September 1960 to November 1964. In a September 2021 rating decision, the Agency of Original Jurisdiction established service connection for hypertension and assigned a noncompensable rating for the disability, effective March 18, 2016. In his November 2021 Decision Review Request: Board Appeal (Notice of Disagreement), VA Form 10182, the Veteran elected the Direct Review docket. Therefore, the Board of Veterans' Appeals may only consider the evidence of record at the time of the Agency of Original Jurisdiction's September 2021 decision on appeal. 38 C.F.R. § 20.301. Initial Rating for Hypertension The Veteran contends that an initial compensable rating is warranted for hypertension. Disability ratings are determined by comparing the Veteran's current symptomatology with the criteria set forth in the Schedule for Rating Disabilities. 38 U.S.C. § 1155; 38 C.F.R. Part 4. A 10 percent rating is warranted for hypertensive vascular disease with diastolic pressure of predominantly 100 or more; systolic pressure of predominantly 160 or more; or a history of diastolic pressure predominantly 100 or more which requires continuous medication for control. A 20 percent rating requires diastolic pressure of predominantly 110 or more or systolic pressure of predominantly 200 or more. 38 C.F.R. § 4.104, Diagnostic Code 7101. Where there is a question as to which of two rating shall be applied, the higher rating will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. The report of a January 2021 hypertension examination conducted for the Department of Veterans Affairs (VA) states that the Veteran took two prescribed anti hypertensive medication to control the diagnosed hypertension. A blood pressure reading of 160/72 was reported. The Veteran contends that a compensable rating is warranted for service connected hypertension. The Board finds that the service connected hypertension symptoms most closely approximate the criteria for a 10 percent rating under Diagnostic Code 7101, with a systolic pressure of 160 on recent evaluation and requiring the continuous use of anti-hypertensive medication. In the absence of evidence of diastolic pressure of predominantly 110 or more or systolic pressure of predominantly 200 or more, the Board concludes that a 10 percent rating and no higher is warranted for the service connected hypertensive disability. The Board finds that the preponderance of the evidence is against the assignment of any rating higher than 10 percent. . J. T. HUTCHESON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Emily A. Kotroco 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.