Citation Nr: 22017774 Decision Date: 03/26/22 Archive Date: 03/26/22 DOCKET NO. 17-56 290A DATE: March 26, 2022 ORDER Entitlement to an initial 10 percent rating for hypertension is granted. FINDING OF FACT The Veteran has a history of diastolic pressure over 100 and requires continuous medication for control of his hypertension. CONCLUSION OF LAW The criteria for an initial 10 percent rating for hypertension have been more nearly approximated. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 4.7, 4.104, Diagnostic Code 7101. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from June 1969 to April 1971, March 2005 to August 2006, February 2007 to September 2007, and January 2008 to June 2010. This matter comes before the Board of Veterans' Appeals (Board) from an April 2013 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The case was last before the Board in May 2020 and has returned to the Board for further appellate review. 1. Entitlement to an initial 10 percent rating for hypertension Disability ratings are determined by applying the criteria set forth in the VA Schedule of Rating Disabilities (Rating Schedule) and are intended to represent the average impairment of earning capacity resulting from disability. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Service connection for hypertension was established in the April 2013 rating decision that is the subject of this appeal, which assigned an initial noncompensable rating pursuant to 38 C.F.R. § 4.104, Diagnostic Code 7101, effective July 29, 2011. Under Diagnostic Code 7101, a 10 percent rating is warranted for hypertensive vascular disease with diastolic pressure predominantly 100 or more, or; systolic pressure predominantly 160 or more, or; 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. A 40 percent rating is warranted for diastolic pressure predominantly 120 or more. A maximum 60 percent rating is warranted for diastolic pressure predominantly 130 or more. 38 C.F.R. § 4.104, Diagnostic Code 7101. Upon review of the record, the Board finds that the Veteran's hypertension more nearly approximates the criteria for a 10 percent rating throughout the period on appeal. VA treatment records reveal the Veteran has continuously taken medication to control his hypertension throughout the period on appeal. Additionally, the Veteran underwent VA examinations in August 2012, August 2017, and November 2020, during which the examiners noted the Veteran's treatment plan included taking continuous medication for hypertension. During VA examination in August 2012, the Veteran's blood pressure was recorded at 174/101, 172/102, and 181/108. At the August 2017 VA examination, the Veteran's blood pressure was recorded as 183/92, 172/82, and 174/83. During the November 2020 VA examination, the Veteran's blood pressure was recorded as 148/82, 144/80, 152/84. As the Veteran has a history of diastolic pressure over 100 and requires continuous medication, the Board finds that throughout the period on appeal the Veteran's hypertension more nearly approximates the criteria for a 10 percent rating under Diagnostic Code 7101. See 38 C.F.R. §§ 3.102, 4.7. A higher rating is not warranted as the evidence does not reflect diastolic pressure predominantly 110 or more or systolic pressure predominantly 200 or more. In sum, after resolving all doubt in the Veteran's favor, the Board finds a 10 percent rating, but no higher, is warranted for the Veteran's service-connected hypertension. K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Lance, 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.