Citation Nr: 21021237 Decision Date: 04/12/21 Archive Date: 04/12/21 DOCKET NO. 18-25 279 DATE: April 12, 2021 ORDER A rating higher than 30 percent for interstitial nephritis, status post kidney transplant, from March 1, 2018 is denied. FINDING OF FACT From March 1, 2018 onward, the Veteran’s interstitial nephritis, status post kidney transplant, did not manifest in constant albuminuria with some edema; or, definite decrease in kidney function; or, hypertension at least 40 percent disabling under diagnostic code 7101. CONCLUSION OF LAW The criteria for a rating higher than 30 percent disability for interstitial nephritis, status post kidney transplant, have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.115b, Diagnostic Code (DC) 7531. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served from March 1990 to June 1992. In February 2020, the Veteran testified before the undersigned during a videoconference hearing. A transcript of the hearing is included in the electronic claims file. This case is before the Board of Veterans Appeals (Board) following a May 2020 remand by the Board to the Regional Office (RO) for further Development., The Veteran underwent a kidney transplant in 2015. He was assigned a 100 percent rating under 38 C.F.R. § 4.115B, DC 7531. That code provides that the 100 percent rating will be assigned from the date of admission for the transplant and will continue until a mandatory VA examination one year later. Thereafter, the condition will be rated under the criteria for renal dysfunction in 38 C.F.R. § 4.115A, with a minimum 30 percent rating. Disability ratings are determined by applying the criteria set forth in the VA’s Schedule for Rating Disabilities, which is based on the average impairment of earning capacity. Individual disabilities are assigned separate diagnostic codes. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. The basis of disability evaluations is the ability of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life including employment. 38 C.F.R. § 4.10. In determining the severity of a disability, the Board is required to consider the potential application of various other provisions of the regulations governing VA benefits, whether or not they were raised by the Veteran, as well as the entire history of the Veteran’s disability. If the disability more closely approximates the criteria for the higher of two ratings, the higher rating will be assigned; otherwise, the lower rating is assigned. 38 C.F.R. § 4.7. It is not expected that all cases will show all the findings specified; however, findings sufficiently characteristic to identify the disease and the disability therefrom and coordination of rating with impairment of function will be expected in all instances. 38 C.F.R. § 4.21. In deciding this appeal, the Board has considered whether separate ratings for different periods of time, based on the facts found, are warranted, a practice of assigning ratings referred to as “staged” ratings. The Veteran does not qualify for a disability rating greater than 30 percent because he does not meet the criteria found under renal dysfunction. As already stated, under DC 7531, the Veteran’s disability must be analyzed under the renal dysfunction diagnostic table found in 38 C.F.R. § 4.115a. Under the table for renal dysfunction, to reach a disability rating of 60 percent, the rating immediately above 30 percent, the Veteran must show any of the following: constant albuminuria with some edema; or, definite decrease in kidney function; or, hypertension at least 40 percent disabling under diagnostic code 7101. The Veteran fails to meet the criteria for a disability rating higher than 30 percent. During a VA examination in August 2020, the Veteran did not have constant albuminuria, although he had slight edema. The albuminuria was said to be recurring. The examiner did not find a definite decrease in kidney function. This falls in line with the VA examiner from March 2016 which stated the Veteran did not have renal dysfunction. Moreover, the Veteran has never had blood pressure to qualify as at least 40 percent disabling under diagnostic code 7101. Hypertension is defined by VA regulations to mean “that the diastolic blood pressure is predominantly 90mm or greater, and isolated systolic hypertension means that the systolic blood pressure is predominantly 160mm or greater with a diastolic blood pressure of less than 90mm.” 38 C.F.R. § § 4.104, DC 7101, Note (1). Hypertension “must be confirmed by readings taken two or more times on at least three different days.” Id. Pursuant to DC 7101, a 40 percent rating is assigned for essential hypertension when diastolic pressure is predominantly 120 or more. During a VA examination in August 2020, the Veteran’s systolic and diastolic blood pressure was 140 and 68, respectively. Records indicate the Veteran’s blood pressure was highest in March 2016 when his systolic and diastolic blood pressure were 180 and 90, respectively. The Veteran’s blood pressure never reached 120. Therefore, the Veteran is unable to qualify for a disability rating greater than 30 percent due to hypertension. Considering the pertinent evidence in light of the governing legal authority, the Board finds that the preponderance of the evidence is against the claim. In reaching this decision the Board considered the doctrine of reasonable doubt, however, the doctrine is not for application and the claim must be denied. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Chalker, Phillip 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.