Citation Nr: 21041293 Decision Date: 07/08/21 Archive Date: 07/08/21 DOCKET NO. 14-27 974A DATE: July 8, 2021 ORDER Entitlement to an initial compensable rating for hypertension is denied. FINDING OF FACT The Veteran's hypertension is not manifested by a diastolic pressure of predominantly 100 or more or systolic pressure predominantly 160 or more; nor is there probative evidence he has a history of diastolic pressure predominantly 100 or more requiring continuous medication. CONCLUSION OF LAW The criteria for entitlement to an initial compensable rating for hypertension have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 4.104, Diagnostic Code 7101. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from December 2008 to June 2012. This matter originally came before the Board of Veterans' Appeals (Board) on appeal from an August 2012 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In February 2017, the Veteran testified before the undersigned Veterans Law Judge at a video conference hearing. A transcript of the hearing is associated with the claims file. The Board remanded this case in April 2018, September 2020, January 2021, and April 2021 for further development. Increased Rating Disability ratings are determined by comparing a veteran's symptoms with criteria listed in VA's Schedule for Rating Disabilities, which is based, as far as practically can be determined, on average impairment in earning capacity. 38 U.S.C. § 1155; 38 C.F.R. § Part 4. When there is a question as to which of two ratings to apply, the higher rating will be assigned if the disability picture more nearly approximates the criteria required for that rating; otherwise the lower rating shall be assigned. 38 C.F.R. § 4.7. "Staged ratings," or different percentage evaluations for separate periods based on the facts found, may also be awarded. Fenderson v. West, 12 Vet. App. 119, 126-7 (1999); Hart v. Mansfield, 21 Vet. App. 505, 509-10 (2007). Entitlement to an initial compensable rating for hypertension. The Veteran has a zero percent rating for hypertension under 38 C.F.R. § 4.104, Diagnostic Code 7101. Hypertensive vascular disease warrants a 10 percent rating when diastolic pressure is predominantly 100 or more, systolic pressure is predominantly 160 or more, or when an individual has a history of diastolic pressure predominantly 100 or more and requires continuous medication for control. 38 C.F.R. § 4.104, Diagnostic Code 7101. A 20 percent rating requires diastolic pressure of predominantly 110 or more or systolic pressure predominantly 200 or more. A 40 percent rating requires diastolic pressure of predominantly 120 or more. A 60 percent rating requires diastolic pressure of predominantly 130 or more. The Veteran was afforded a VA examination for his hypertension in March 2019. The examiner noted the Veteran takes continuous medication to control his hypertension. His blood pressure readings at this exam were 134/84, 138/88, and 138/84. VA treatment records show blood pressure readings of 116/88 on 10/04/2013, 138/89 on 10/28/2013, 127/73 on 11/13/2014, 128/84 on 04/10/2015, 130/88 and 134/94 on 12/09/2015, 142/80 on 01/13/2016, 138/82 on 08/02/2016, 141/90 on 02/03/2017, 132/90 on 08/08/2017, 128/85 on 02/02/2018, 120/81 on 08/02/2018, 138/90 on 02/04/2019, 125/86 on 08/02/2019, 138/84 on 08/03/2020, 125/86 on 08/12/2020, 137/77 on 9/28/2020, 140/87 on 11/05/2020, 143/92 on 01/08/2021, 165/106 and 151/96 on 02/09/2021, and 130/86 on 03/02/2021. As reflected above, the Veteran's diastolic pressure has not been predominantly 100 or more at any point during the appeals period. Nor has his systolic pressure been predominantly 160 or more at any point during the appeals period. The record reflects that at times during the appeals period, the Veteran has taken continuous medication to control his hypertension. The record does not reflect, however, that the Veteran has, or has any point had, diastolic pressure of predominantly 100 or more. For example, there is only one blood pressure reading with a diastolic pressure of above 100 between 2013 and 2021. The use of the conjunctive "and" in a statutory provision means that all of the conditions listed in the provision must be met. See Melson v. Derwinski, 1 Vet. App. 334 (1991). Because this condition is not satisfied, entitlement to a compensable rating is not warranted. The Board has considered the benefit-of-the-doubt doctrine. However, as the preponderance of the evidence is against the claim, the claim is not in equipoise. See 38 U.S.C. § 5107(b); 38 C.F.R. §§ 3.102, 4.3; Gilbert v. Derwinski, 1 Vet. App. 49, 53-56 (1990). Accordingly, the claim must be denied. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Papacalos, 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.