Citation Nr: 21006944 Decision Date: 02/08/21 Archive Date: 02/08/21 DOCKET NO. 16-21 653 DATE: February 8, 2021 ORDER An initial compensable evaluation for hypertension from January 1, 2012 to October 31, 2015 is denied. A ten percent disability evaluation for hypertension is granted, effective November 1, 2015. FINDINGS OF FACT 1. For the period from January 1, 2012 to October 31, 2015, the Veteran’s hypertension was not been characterized by blood pressure readings including diastolic pressure predominantly 100mm or more, or systolic pressure predominantly 160mm or more. 2. With resolution of the doubt in the Veteran’s favor, for the period beginning November 1, 2015 and continuing thereafter, the Veteran’s hypertension was characterized by blood pressure readings of diastolic pressure readings of 100mm or more, or systolic pressure predominantly 160mm. CONCLUSIONS OF LAW 1. For the period from January 1, 2012 to October 31, 2015, the criteria for an initial compensable rating for hypertension have not been met. 38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.321, 3.326(a), 4.7, 4.10, 4.14, 4.21, 4.40, 4.45, 4.59, 4.71a, Diagnostic Code 7101 (2020). 2. For the period beginning November 1, 2015 and continuing thereafter, the criteria for a ten-percent rating for hypertension have been approximated. 38 U.S.C. §§ 1155, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.321, 3.326(a), 4.7, 4.10, 4.14, 4.21, 4.40, 4.45, 4.59, 4.71a, Diagnostic Code 7101 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active duty service from February 1985 to December 2011. The appeal was remanded by the Board in June 2019 for additional development. Entitlement to an initial compensable rating for hypertension Disability evaluations 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 (2020). Diagnostic Code 7101 pertains to hypertensive vascular disease (hypertension and isolated systolic hypertension). Under that code: A 10 percent rating is assigned for diastolic pressure predominantly 100mm or more, or systolic pressure predominantly 160mm or more, or where an individual with a history of diastolic pressure predominantly 100mm or more requires continuous medication for control; A 20 percent rating is assigned for diastolic pressure predominantly 110mm or more, or systolic pressure predominantly 200mm or more; A 40 percent rating is assigned for diastolic pressure predominantly 120mm or more, and;. a 60 percent rating is assigned for diastolic pressure predominantly 130mm or more. 38 C.F.R. § 4.104, Diagnostic Code 7101 (2020). In January 2012, the Veteran was afforded a VA examination. The examiner noted a diagnosis for hypertension. The examiner noted that the Veteran did not have a history of diastolic elevation to predominately 100 or more. The Veteran’s blood pressure readings include: 131/86 (January 2012); 131/94 (January 2012); 124/89 (August 2012); 120/86 (October 2012); 130/88 (May 2013); 132/94 (May 2013); 127/87 (May 2014); 125/86 (May 2015); 128/81 (June 2015); 160/98 (November 2015); 148/102 (November 2015); 164/105 (December 2015); 148/101 (December 2015); 132/95 (May 2016); 132/93 (November 2016); 144/104 (November 2016); 146/107 (June 2017); 141/104 (November 2017); 140/101 (November 2017); 136/90 (November 2017); 142/93 (July 2018); 135/92 (February 2019); 118/81 (April 2019); 122/92 (June 2019); 126/86 (July 2019); 121/84 (October 2019); 137/84 (February 2020). In November 2018 hearing testimony, the Veteran indicated that his current blood pressure readings were approximately 145/100. The Veteran’s representative also stated that the Veteran’s record included consistent readings of diastolic pressure over 100 but acknowledged some readings under 100. The Veteran also noted some historic blood pressure readings of 150/110. The Veteran stated that his blood pressure had increased in severity since the January 2012 examination. In December 2019, the Veteran was afforded a VA examination. The examiner noted a diagnosis for hypertension. The Veteran reported blood pressure readings of 160/110 on higher days and 120/80 on good days. The Veteran’s blood pressure readings taken at the examination included 120/80, 122/80, and 115/70. The examiner noted that the Veteran does not have a history of diastolic blood pressure readings predominately 100 or more. The Board has reviewed approximately 32 blood pressure readings from the period on appeal (beginning in January 2012 to the present). Of those 32 readings, eight readings meet the requirements for a 10 percent rating under Diagnostic Code 7101, all occurring on or after November 2015. After that time, although the Veteran’s blood pressure readings were not consistently of the level warranting a 10 percent rating, the Board will grant the benefit of the doubt to the Veteran and assign a staged rating effective November 1, 2015. See Fenderson v. West, 12 Vet. App. 119 (1999) (generally observing that the severity of service-connected disorders may change over an appellate period and permitting VA to assign “staged” to reflect such changes). Vito A. Clementi Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Wozniak, 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.