Citation Nr: 21024453 Decision Date: 04/22/21 Archive Date: 04/22/21 DOCKET NO. 16-18 461 DATE: April 22, 2021 ORDER Evaluation of hypertension currently evaluated as 0 percent disabling is denied. Service connection for anxiety disorder, not otherwise specified (NOS) is granted. FINDINGS OF FACT 1. The preponderance of the evidence weighs against a finding that the Veteran’s hypertension has been manifested by diastolic pressure predominantly 100 or more or systolic pressure predominantly 160 or more. 2. The Veteran has a current psychiatric disability, diagnosed as an anxiety disorder NOS, related to service. CONCLUSIONS OF LAW 1. The criteria for an initial compensable rating for hypertension have not been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 4.31, 4.104, Diagnostic Code 7101. 2. Resolving reasonable doubt in the Veteran’s favor, the criteria for service connection for anxiety disorder NOS have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from August 2006 to December 2010, including service in Iraq from May 2007 to May 2008 and from October 2009 to August 2010. 1. Evaluation of hypertension currently evaluated as 0 percent disabling. The Veteran claims an initial compensable rating is warranted for his hypertension disability. Under the rating criteria pertaining to hypertension, a 10 percent rating is warranted if diastolic pressure is predominantly 100 or more; systolic pressure is predominantly 160 or more; or for an individual with a history of diastolic pressure predominantly 100 or more who requires continuous medication for control. A 20 percent rating warranted if diastolic pressure is predominantly 110 or more, or if systolic pressure is predominantly 200 or more. A 40 percent rating is warranted when diastolic pressure is predominantly 120 or more and a 60 percent rating is warranted if diastolic pressure is predominantly 130 or more. 38 C.F.R. § 4.104, Diagnostic Code 7101. Although there are no provisions for a noncompensable rating for hypertension, in every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. 38 C.F.R. § 4.31. Following a thorough review of the evidence, the Board finds that the criteria for a compensable disability rating for hypertension have not been met. At VA appointment in April 2014, his blood pressure measured 149/77, 131/78 and within normal limits respectfully. Subsequent readings were as follow: June 2014 -138/84 and within normal limits respectfully, August 2014 - 125/78 with a second reading within normal limits respectfully, September 2014 - 129/75, February 2020 his blood pressure measured 162/90 and 135/79 respectfully, February 2015– 130/71, 134/75, 131/86, March 2021-129/79. While the Board acknowledges that the Veteran takes medication to control his hypertension, the preponderance of the evidence weighs against a finding that the Veteran’s diastolic pressure is predominantly 100 or more. The preponderance of the evidence also weighs against a finding that the Veteran’s systolic pressure has been predominantly 160 or more throughout the appeal period. Accordingly, a compensable rating is not warranted. The Board acknowledges that in his March 2015 Notice of Disagreement, the Veteran stated he was on daily medication because of his high blood pressure. While the Board has considered the Veteran’s statements, it finds the medical evidence of record is more probative. In this regard, blood pressure is measured by objective, not subjective means; there is a specific monitoring device for determining blood pressure and the extent it is elevated. VA treatment records during the appeal period demonstrate his blood pressure was controlled, To the extent the he is claiming that his hypertension meets the criteria for an increased compensable rating but for the use of medication, the plain language of Diagnostic Code 7101 contemplates the effects of hypertensive medication, and require a history of diastolic pressure predominantly measuring 100 or more, which has not been shown. See 38 C.F.R. § 4.104; McCarroll v. McDonald, 28 Vet. App. 267 (2016) (en banc) (The Court concluded that, because the rating code already contemplated and accounted for the effect of medication in the assignment of disability ratings for hypertension, VA is not required to consider whether a claimant would be entitled to a compensable rating if he or she were not taking medication). Thus, the use of medication for control, in and of itself, is not sufficient to warrant a compensable rating. Absent a current or past history of diastolic pressure predominantly 100 or more or current systolic pressure predominantly 160 or more, a compensable rating for hypertension is not warranted. 38 C.F.R. § 4.104, Diagnostic Code 7101. 2. Entitlement to service connection for anxiety disorder, not otherwise specified (NOS). Service connection may be established for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection requires evidence showing: (1) a current disability; (2) incurrence or aggravation of a disease or injury in service; and (3) a nexus between the current disability and the disease or injury incurred or aggravated in service. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303(d). It is well-established that the Veteran served in Iraq during service. See personnel records. During a February 2015 VA psychological examination, the examiner diagnosed unspecified anxiety disorder and referenced the Veteran seeing human remains and experiencing fear of hostile military or terrorist activity during combat as a contributor to his diagnosis. See February 2015 VA examination. While the Veteran’s symptoms fell short of the threshold criteria for a diagnosis of PTSD, the Veteran’s diagnosis of anxiety disorder was documented as relating to his military service. There are no contradictory opinions of record. In light of the foregoing, the Board finds that the evidence reflects that the Veteran’s unspecified anxiety disorder is related to his service, and service connection is warranted. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Booker 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.