Citation Nr: 21022634 Decision Date: 04/16/21 Archive Date: 04/16/21 DOCKET NO. 18-24 940 DATE: April 16, 2021 ORDER Entitlement to a separate compensable rating for erectile dysfunction is denied. Entitlement to a rating in excess of 10 percent for hypertension is denied. FINDINGS OF FACT 1. The Veteran’s erectile dysfunction has not been manifested by deformity of the penis. 2. During the appeal period, the Veteran’s hypertension did not manifest in diastolic pressure predominantly 110 or more, or systolic pressure predominantly 200 or more. CONCLUSIONS OF LAW 1. The criteria for a separate compensable rating for erectile dysfunction have not been met. 38 U.S.C. § 1155; 38 C.F.R. § 4.115b, Diagnostic Code 7522. 2. The criteria for a rating in excess of 10 percent for hypertension have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1-4.7, 4.21, 4.104, Diagnostic Code 7101. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from October 1963 to December 1970. This case was previously before the Board in October 2020, at which time it was remanded for further development. The directives having been substantially complied with, the matter again is before the Board. D’Aries v. Peake, 22 Vet. App. 97, 105 (2008); Stegall v. West, 11 Vet. App. 268, 271 (1998). Increased Rating Disability evaluations are determined by the application of the facts presented to VA’s Schedule for Rating Disabilities (Rating Schedule) at 38 C.F.R. Part 4. The percentage ratings contained in the Rating Schedule represent, as far as can be practicably determined, the average impairment in earning capacity resulting from diseases and injuries incurred or aggravated during military service and the residual conditions in civilian occupations. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.321(a), 4.1. 3. Entitlement to a separate compensable rating for erectile dysfunction The Veteran seeks a separate compensable rating for his erectile dysfunction, which is currently rated as noncompensable and included with his rating for diabetes mellitus. The Board notes that the Veteran is also in receipt of special monthly compensation under 38 U.S.C. § 1114 (k) on account of loss of use of a creative organ. For a compensable rating for ED under DC 7522, the Veteran must have deformity of the penis with loss of erectile power. The ordinary meaning of the word “deformity” includes either internal or external distortion of the penis. Williams v. Wilkie, 16-3252 (U.S. Vet. App. August 7, 2018). At his September 2016 VA examination for male reproductive organ conditions the Veteran declined physical examination of the penis and reported normal anatomy with no penile deformity or abnormality. An October 2019 VA treatment record shows that the Veteran was seen in the emergency department for drainage to his right groin post heart cath. Examination of the area showed a normal penis and scrotum. There is no evidence of nerve damage or other deformity of any type or analogous impairment and the Veteran has not contended his ED is worse than the noncompensable rating. There is no evidence of deformity nor has the Veteran claimed such. A compensable rating is therefore not warranted. 4. Entitlement to a rating in excess of 10 percent for hypertension Hypertension is rated pursuant to 38 C.F.R. § 4.104, Diagnostic Code (DC) 7101, for hypertensive vascular disease (hypertension and isolated systolic hypertension). Under DC 7101, a 10 percent rating is warranted for diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; it is the minimum evaluation for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control. A 20 percent rating is warranted for diastolic pressure predominantly 110 or more, or systolic pressure predominantly 200 or more. The term “predominant” is not defined in the rating criteria. Merriam-Webster defines predominant to mean “being most frequent or common.” See, e.g., “predominant,” Merriam-Webster.com Online Dictionary, https://www.merriam-webster.com/dictionary/predominant. Review of blood pressure readings for the period on appeal show results ranging from 115/66 to 197/123. December 19, 2019 shows three of the highest readings for this period: 178/98, 182/112, and 181/115. The reading of 197/123 is the highest reading for the appeal period and one of only a few showing a diastolic pressure greater than 110. Using the definition of “predominant” stated above, diastolic pressures during this period were predominantly under 100 and systolic pressures were predominantly below 160. The Veteran has not alleged additional symptoms, such as headaches or dizziness. A higher 20 percent rating under DC 7101 is not warranted unless diastolic pressure is predominantly 110 or more, or systolic pressure is predominantly 200 or more. This period shows only a handful of diastolic pressures greater than 110, with the vast majority being under 100. There were no systolic pressures greater than 200. Thus, during the appeal period, the Veteran’s hypertension did not manifest in diastolic pressure predominantly 110 or more, or systolic pressure predominantly 200 or more. Accordingly, his hypertension does not more nearly approximate the criteria corresponding to a 20 percent rating. A higher 20 percent rating is not warranted. H. N. SCHWARTZ Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Creegan 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.