Entitlement to an initial 10 percent rating, but no higher, for hypertension (HTN) during the period on appeal prior to January 14, 2022, is granted.

Citation Nr: A26069970 Decision Date: 07/30/26 Archive Date: 07/30/26 DOCKET NO. 220523-245001 DATE: July 30, 2026 ORDER Entitlement to an initial 10 percent rating, but no higher, for hypertension (HTN) during the period on appeal prior to January 14, 2022, is granted. FINDINGS OF FACT 1. The evidence is in at least relative equipoise as to whether the Veteran's HTN had manifested with a history of diastolic pressure 100 or more that requires continuous medication for control during the period on appeal prior to January 14, 2022. 2. The evidence is persuasive against finding that the Veteran's HTN had manifested with a diastolic pressure predominantly 110 or more, or a systolic pressure predominantly 160 or more, during the prior on appeal prior to January 14, 2022. CONCLUSION OF LAW The criteria for entitlement to an initial 10 percent rating, but no higher, for HTN during the period on appeal prior to January 14, 2022, have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.104, Diagnostic Code 7101. REASONS AND BASES FOR FINDINGS AND CONCLUSION The January 2022 rating decision on appeal was issued under the modernized review system, also known as the Appeals Modernization Act (AMA). In the May 2022 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on November 14, 2025. Therefore, the Board may only consider the evidence of record at the time of the January 2022 rating decision on appeal, as well as any evidence submitted by the Veteran or her representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the January 2022 rating decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801. If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. Entitlement to an initial 10 percent rating, but no higher, for HTN during the period on appeal prior to January 14, 2022 The Veteran asserts entitlement to a higher rating for her HTN. May 2022 VA Form 10182; November 2025 Hearing Transcript. Disability ratings are determined by the application of the VA's Schedule for Rating Disabilities. Separate diagnostic codes identify the various disabilities. 38 U.S.C. § 1155; 38 C.F.R. § Part 4. Ratings for service-connected disabilities are determined by comparing the 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. See 38 C.F.R. § 4.1. If two disability evaluations are potentially applicable, the higher evaluation will be assigned to the disability picture that more nearly approximates the criteria required for that rating. 38 C.F.R. § 4.7. Any reasonable doubt regarding the degree of disability will be resolved in favor of the Veteran. 38 C.F.R. § 4.3. The Board has considered the entire record, but only the evidence pertinent to the rating criteria and current disability will be discussed. See Gonzales v. West, 218 F. 3d 1378 (Fed. Cir. 2000). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the Veteran. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. The Veteran's HTN is currently evaluated under Diagnostic Code 7101 and rated as noncompensable, or zero percent disabling, based on having a diagnosed condition with no compensable symptoms. January 2022 Rating Decision. Under Diagnostic Code 7101, a 10 percent rating is warranted for diastolic pressure predominantly 100 or more; a systolic pressure predominantly 160 or more; or a history of diastolic pressure predominantly 100 or more that requires continuous medication for control. See 38 C.F.R. § 4.104. A 20 percent rating is warranted for diastolic pressure predominantly 110 or more, or systolic pressure predominantly 200 or more. Id. A 40 percent rating is warranted for diastolic pressure predominantly 120 or more, and a 60 percent rating is warranted for diastolic pressure predominantly 130 or more. Id. 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. After careful and thorough review of the evidence, the Board finds the Veteran's HTN warrant a 10 percent rating, but no higher, during the period on appeal prior to January 14, 2022. The medical treatment evidence of record shows the Veteran's diastolic pressure has predominantly been under 100. However, she has been on medications for her HTN since 2001. January 2022 VA Examination for HTN; November 2025 Hearing Transcript. The evidence of record shows she had a diastolic pressure reading of 110 when she was noncompliant with meds for two days. August 2009 Private medical treatment evidence. A treatment provider indicated during a December 2015 treatment visit that her HTN medications needed to be adjusted for better control because diastolic pressure rose to 102. December 2015 VA treatment evidence. Her diastolic pressure remained over 100 a month later because she was not fully compliant with her medication. See January 2016 VA treatment evidence. In resolving any reasonable doubt in favor of the Veteran, the Board finds the Veteran's HTN would have manifested with a diastolic pressure predominantly 100 or more but that it has been controlled with medications. This closely approximates the criteria for a 10 percent rating for HTN. The Board considered whether a rating higher than 10 percent rating is warranted. A review of the medical treatment evidence of record during the period on appeal prior to January 14, 2022, shows diastolic pressure predominantly less than 110 and a systolic pressure predominantly less than 200. See, e.g., July 2021 VA treatment evidence; December 2021 VA treatment evidence. The Veteran was afforded a January 2022 VA examination for HTN in which the examiner found diastolic readings less than 100 and diastolic readings less than 130. The Board finds this evidence persuasive against finding that the Veteran's HTN had manifested with either a diastolic pressure predominantly 110 or more or a systolic pressure predominantly 200 or more. The Board considered the Veteran's testimony that on "some" days she has blood pressure readings of 159/100. November 2025 Hearing Transcript. Neither the 159 systolic reading nor the 100 diastolic reading would support a rating higher than 10 percent. See 38 C.F.R. § 4.104, Diagnostic Code 7101. Her testimony that her medications do not control her blood pressure some days is also against finding that her blood pressure readings have been predominantly uncontrolled. Accordingly, entitlement to a 10 percent rating, but no higher, is warranted for HTN during the period on appeal prior to January 14, 2022. R. FEINBERG Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Lin, M 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.