Citation Nr: A25035276 Decision Date: 04/16/25 Archive Date: 04/16/25 DOCKET NO. 230321-332202 DATE: April 16, 2025 ORDER Entitlement to an effective date of April 13, 2021, for the grant of a 10 percent rating for hypertension, is granted. FINDING OF FACT From April 13, 2021, the Veteran's diastolic blood pressure is predominately 100 or more. CONCLUSION OF LAW The criteria for an effective date of April 13, 2021, for a 10 percent rating for hypertension are met. 38 U.S.C. § 1155; 38 C.F.R. §§ 4.3, 4.7, 4.104, Diagnostic Code 7101. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from August 2004 to August 2010. A supplemental claim decision was issued in the modernized review system, also known as the Appeals Modernization Act (AMA) system, by the agency of original jurisdiction (AOJ) in November 2021. The Veteran requested higher-level review (HLR) of that decision in March 2022. In March 2022, the AOJ issued an HLR decision, which is the decision on appeal. In the March 2023 VA Form 10182, Decision Review Request: Board Appeal, the Veteran elected the Direct Review docket. Therefore, the Board may only consider the evidence of record at the time of the November 2021 supplemental claim decision. 38 C.F.R. § 20.301. Earlier effective date The Veteran contends that a compensable rating is warranted for hypertension prior to November 26, 2021. Following review of the evidence of record, the Board finds that a 10 percent rating is warranted from April 13, 2021. Generally, the effective date of compensation based on an original claim, a claim reopened after final disallowance, or a claim for increase will be on the date of receipt of the claim or the date entitlement arose, whichever is the later.?38 U.S.C. § 5110(a);?38 C.F.R. § 3.400. The effective date of an award of increased compensation shall be the earliest date as of which it is ascertainable that an increase in disability had occurred, if application is received within one year from such date. The window for consideration of a higher rating is from up to one year prior to July 15, 2021, the date of the Veteran's intent to file a claim for increase. 38?C.F.R. §?3.400(o)(2). Disability ratings are determined by evaluating the extent to which a Veteran's service-connected disability adversely affects their ability to function under the ordinary conditions of daily life, including employment, by comparing their symptomatology with the criteria set forth in the Schedule for Rating Disabilities (Rating Schedule). See 38 U.S.C. § 1155; 38 C.F.R. §§ 4.1, 4.10. If two ratings are potentially applicable, the higher rating will be assigned if the disability more nearly approximates the criteria required for that rating; otherwise, the lower rating will be assigned. See 38 C.F.R. § 4.7. Any reasonable doubt regarding the degree of disability will be resolved in favor of the Veteran. See 38 C.F.R. § 4.3. In evaluating the severity of a particular disability, it is essential to consider its history. 38 C.F.R. §§ 4.1, 4.2, 4.41. However, where an increase in the disability rating, rather than the propriety of the initial rating, is at issue, the present level of disability is of primary importance, and past medical reports should not take precedence over current findings. Francisco v. Brown, 7?Vet. App.?55, 58 (1994). Regardless of whether an appeal stems from disagreement with the initial rating assigned following an award of service connection or from disagreement with the rating assigned following a claim for increase, separate ratings can be assigned for separate periods of time based on the facts found. Hart v. Mansfield, 21?Vet. App.?505, 509-10 (2007) (citing Fenderson v. West, 12?Vet. App.?119, 126 (1999)). Hypertension is evaluated under 38 C.F.R. § 4.104, Diagnostic Code 7101. Under this code, a 10 percent evaluation is warranted for diastolic pressure predominantly 100 or more or systolic pressure predominantly 160 or more. 10 percent is also 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 evaluation is warranted for diastolic pressure predominantly 110 or more or systolic pressure predominantly 200 or more. A 40 percent evaluation is warranted for diastolic pressure predominantly 120 or more. A maximum 60 percent rating is warranted for diastolic pressure predominantly 130 or more. Turning to the evidence of record, private medical treatment records show the Veteran's blood pressure reading at 131/100 in June 2019. An August 2019 VA treatment record showed a reading of 145/97 and later in the month it was 133/88. A reading from July 2020 showed 150/104 and later in the month it was 126/87. An August 2020 reading showed blood pressure at 134/96 and 148/98. In September 2020 his blood pressure was 137/90. In October 2020 it was 147/90 and 142/85. On April 13, 2021, his blood pressure was 155/103. A November 26, 2021, VA examination showed a reading of 151/99 from November 20, 2021, and 155/100 on November 21, 2021. Here, the record shows that prior to April 13, 2021, the Veteran's diastolic pressure was not predominately 100 or more. While there are some readings in excess of 100, the majority of findings during that time show a diastolic of less than 100. The record does not show systolic pressure of 160 or more prior to April 13, 2021. The record shows that it is factually ascertainable that the Veteran met the criteria for a 10 percent rating from April 13, 2021. From that date, his diastolic blood pressure is 100 or more, but less than 110. Given the above, the Board finds that an effective date of April 13, 2021, for the grant of the 10 percent rating for hypertension is warranted. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Baker, 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.