The Veteran's claims for increased disability evaluation and earlier effective dates were denied. The current rating for hypertension is 10 percent, but the Veteran did not meet the criteria for a higher rating. Effective dates prior to September 28, 2010 for service connection of hypertension and prior to August 9, 2016 for hypertensive heart disease, coronary artery disease, myocardial infarction, status-post CABG were dismissed.
The deciding factor: The Veteran's hypertension required continuous medication but did not meet the criteria for a higher disability evaluation as defined by Diagnostic Code 7101. The effective dates assigned in earlier decisions were final and could only be challenged through a motion based on clear and unmistakable error (CUE).
- Claimed conditions
- hypertension, hypertensive heart disease, coronary artery disease, myocardial infarction, status-post coronary artery bypass graft (CABG)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 26, 2019
- Citation
- 19132707
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted an effective date of October 21, 2021, for the grant of service connection for hypertension.
- Dismissed
The appeal for a compensable rating for left ear hearing loss, service connection for right ear hearing loss, and bilateral vision condition was dismissed. Service connection for hypertension, congestive heart failure, and coronary artery disease was denied.
- Denied
The Board denied service connection for various conditions, including prostate cancer and related disabilities, urinary incontinence, sleep apnea, hypertension, varicose veins, lumbar spine disability, hip arthritis, shoulder arthritis, ankle arthritis, knee strain, knee replacement, and hand arthritis. The only condition granted was a 10 percent rating for a fracture of the right proximal first metacarpal.
- Partly granted
The Board granted service connection for headaches and increased ratings for left shoulder rotator cuff tear, right shoulder rotator cuff tear, hypertension, and left and right leg restless leg syndrome. The Board denied a compensable rating for bilateral hearing loss and an initial rating in excess of 70 percent for posttraumatic stress disorder.
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