Citation Nr: 18140618 Decision Date: 10/03/18 Archive Date: 10/03/18 DOCKET NO. 16-53 257 DATE: October 3, 2018 ORDER Entitlement to a compensable rating for bilateral hearing loss is denied. FINDING OF FACT On VA audiological testing in September 2015 and June 2016, the Veteran’s hearing acuity was level I in his right and left ear. CONCLUSION OF LAW The criteria for an initial compensable evaluation for bilateral hearing loss have not been met. 38 U.S.C. § 1155, 5103, 5103A, 5107; 38 C.F.R. § 3.159, 4.1-4.14, 4.85, 4.86, DC 6100. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1959 to May 1981. This appeal arose to the Board of Veterans’ Appeals (Board) from an October 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Atlanta, Georgia. Pursuant to the Veterans Claims Assistance Act (VCAA), VA has duties to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C. §§ 5102, 5103, 5103A, 5107 (2012); 38 C.F.R. § 3.159 (2017). Neither the Veteran nor his representative has raised any issues with the duty to notify or duty to assist. See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that “the Board’s obligation to read filings in a liberal manner does not require the Board... to search the record and address procedural arguments when the veteran fails to raise them before the Board.”); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument). Entitlement to a compensable rating for bilateral hearing loss The Veteran contends that he is entitled to a compensable rating for his bilateral hearing loss. For the following reasons, the Board finds that the Veteran is not entitled to a compensable rating. Disability ratings for hearing loss disability are determined by a mechanical application of the rating schedule to the numeric designations assigned after audiometric evaluations are performed. See Lendenmann v. Principi, 3 Vet. App. 345, 349 (1992). Hearing loss disability evaluations range from zero percent to 100 percent based on organic impairment of hearing acuity, as measured by controlled speech discrimination tests in conjunction with the average hearing threshold, as measured by puretone audiometric tests in the frequencies 1000, 2000, 3000, and 4000 Hertz. The rating schedule establishes 11 auditory acuity levels designated from Level I (for essentially normal hearing acuity) through Level XI (for profound deafness). VA audiometric examinations are conducted using a controlled speech discrimination test together with the results of a puretone audiometry test. The vertical lines in Table VI represent nine categories of the percentage of discrimination based on the controlled speech discrimination test. See 38 C.F.R. § 4.85. The horizontal columns in Table VI represent nine categories of decibel loss based on the pure tone audiometry test. The numeric designation of impaired hearing (Levels I through XI) is determined for each ear by intersecting the vertical row appropriate for the percentage of discrimination and the horizontal column appropriate to the puretone decibel loss. The percentage evaluation is found from Table VII by intersecting the vertical column appropriate for the numeric designation for the ear with better hearing acuity and the horizontal row appropriate to the numeric designation level for the ear with poorer hearing acuity. For example, if the better ear has a numeric designation Level V, and the poorer ear has a numeric designation Level VII, the percentage evaluation is 30 percent. Id. The Veteran contends that his service-connected right and left ear hearing loss disability should be rated higher than the noncompensable evaluation currently assigned to him. However, the audiograms of record during the appeal period do not support findings that would warrant more than the assigned zero percent (noncompensable) rating under the DC 6100. 38 C.F.R. §§ 4.85, 4.86. In September 2015, the Veteran underwent a VA audiology examination. His puretone thresholds, in decibels, averaged 30 hertz in his right ear and 23 hertz in his left ear. The Maryland CNC controlled speech discrimination test revealed speech recognition of 96 percent in his right ear and 92 percent in his left ear. The Veteran underwent an additional VA audiology examination in June 2016. His puretone thresholds, in decibels, averaged 24 hertz in his right ear and 16 hertz in his left ear. The Maryland CNC controlled speech discrimination test revealed speech recognition of 100 percent in his right ear and 100 percent in his left ear. Based on the results of these examinations, applying Table VI of 38 C.F.R. § 4.85, Roman Numeral I is derived for both ears when intersecting the percentage of speech discrimination row with the puretone threshold average column. A zero percent evaluation is derived from Table VII by intersecting row I with column I. Thus, when applying the ratings criteria to the objective audiogram results, a noncompensable rating is warranted. The VA examination reports do not demonstrate an exceptional pattern of hearing impairment, as the Veteran did not have puretone thresholds of 55 decibels or more at each of the frequencies of 1000, 2000, 3000, and 4000 Hertz, or a puretone threshold of 30 decibels or less at 1000 Hertz and 70 decibels or more at 2000 Hertz. Additionally, there is no examiner certification that the use of speech discrimination testing was not appropriate due to factors such as language difficulties, inconsistent scores, etc. As such, there is no basis to alternatively rate this claim under Table VIA. See 38 C.F.R. § 4.85(c). Consequently, the VA examinations of record have resulted in findings corresponding to a noncompensable evaluation. See 38 C.F.R. §§ 4.85, 4.86. Accordingly, the Veteran’s claim is denied. Nathaniel J. Doan Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Ryan, Associate Counsel