Citation Nr: 18143972 Decision Date: 10/23/18 Archive Date: 10/22/18 DOCKET NO. 17-46 346 DATE: October 23, 2018 ORDER Entitlement to an initial rating in excess of 0 percent for bilateral hearing loss is denied. FINDING OF FACT The Veteran’s bilateral hearing loss is manifest with no worse than level I hearing loss in each ear. CONCLUSION OF LAW The criteria for a compensable evaluation for bilateral hearing loss have not been met. 38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. §§ 3.102, 3.321, 4.1-4.7, 4.85, 4.86, Diagnostic Code 6100 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Army from April 1965 to April 1967. He received the Combat Infantryman Badge, among other decorations, for this service. This matter came before the Board of Veterans’ Appeals (Board) on appeal from a July 2017 rating decision of the Los Angeles, California Regional Office (RO) of the Department of Veterans Affairs (VA) which denied a compensable rating for hearing loss. Increased rating hearing loss The Veteran contends he is entitled to a compensable rating for his service-connected bilateral hearing loss. The Veteran has not raised any issues or concerns 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 (applying Scott’s duty to assist argument). Disability evaluations are determined by evaluating the extent to which a Veteran’s service-connected disability adversely affects his or her ability to function under the ordinary conditions of daily life, including employment, by comparing his or her symptomology with the criteria set forth in the Schedule for Rating Disabilities. The percentage ratings represent as far as can practicably be determined the average impairment in earning capacity resulting from such diseases or injuries and the residual conditions in civilian occupations. Generally, the degree of disabilities specified are considered adequate to compensate for considerable loss of working time from exacerbation or illness proportionate to the severity of the several grades of disability. 38 U.S.C. § 1155 (2012); 38 C.F.R. § 4.1 (2017). Separate diagnostic codes identify the various disabilities and the criteria for specific ratings. 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. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7 (2017). Any reasonable doubt regarding the degree of disability will be resolved in favor of the Veteran. 38 C.F.R. § 4.3 (2017). The Veteran’s hearing loss is rated under Diagnostic Code (DC) 6100. See 38 C.F.R. § 4.85. The assignment of disability ratings for service-connected hearing loss is derived by a mechanical application of the rating schedule to the numeric designations assigned after audiometric evaluations are rendered. Lendenmann v. Principi, 3 Vet. App. 345, 349 (1992). In cases in which the evaluation of hearing loss is at issue, an examination for VA purposes must be conducted by a state-licensed audiologist and must include a controlled speech discrimination test (Maryland CNC) and a pure tone audiometry test. Examinations are conducted without the use of hearing aids. 38 C.F.R. § 4.85(a). Evaluations for defective hearing range from noncompensable to 100 percent based on organic impairment of hearing acuity as measured by the results of controlled speech discrimination tests together with the average hearing threshold level as measured by pure tine audiometry tests in the frequencies 1000, 2000, 3000, and 4000 Hertz. The rating schedule establishes eleven auditory acuity levels designated from level I for essentially auditory acuity to level XI for profound deafness. 38 C.F.R. § 4.85 (2017). Table VI, “Numeric Designation of Hearing Impairment Based on Puretone Threshold Average and Speech Discrimination,” is used to determine a Roman numeral designation (I through XI) for hearing impairment based on a combination of the percent of speech discrimination (horizontal rows) and the puretone threshold average (vertical columns). Table VII, “Percentage Evaluations for Hearing Impairment,” is used to determine the percentage evaluation by combining the Roman numeral designations for hearing impairment of each ear. The horizontal rows represent the ear having the better hearing and the vertical columns the ear having the poorer hearing. The percentage evaluation is located at the point where the row and column intersect. 38 C.F.R. § 4.85(e). The Veteran participated in audiological examinations from private facilities in February 2017 and June 2017, which did not include speech discrimination testing. Although audiological testing was performed, the Board is unable to apply the results of the private audiological testing from February 2017 and June 2017 to Table VI as speech discrimination testing was not done. The results of these examinations further cannot be applied to Table VIA as the puretone thresholds at 1000, 2000, 3000, and 4000 Hertz are not all 55 decibels or more nor are the puretone thresholds 30 decibels or less at 1000 Hertz and 70 decibels or more at 2000 Hertz. Similarly, the VA examination audiological results are inapplicable to Table VIA as well for the same reason. See 38 C.F.R. § 4.89 (2017). For these reasons, these results cannot be used for rating purposes. On the VA audiological evaluation in June 2017, pure tone thresholds, in decibels, and the results of the speech discrimination test, were as follows: HERTZ CNC 1000 2000 3000 4000 Avg. % RIGHT 20 20 55 55 37.5 96 LEFT 25 20 60 65 42.5 94 From the June 2017 VA examination, the Veteran has an average puretone threshold of 37.5 Hertz in his right ear and an average of 42.5 Hertz in his left ear. The Veteran’s speech discrimination score is 96 percent in his right ear and 94 percent in his left ear. Applying these numbers to Table IV places the Veteran at level I for both ears. Applying the level I ratings to Table VII, for Diagnostic Code 6100, the 0 percent compensation rating is still adequate and applicable. While the Board acknowledges the hearing difficulties that the Veteran has reported, including difficulty understanding his wife and missing dialogue on the TV, the ratings for hearing loss are based on a mechanical application of the tables provided by law. The Board has no discretion in this matter and must predicate its determination on the basis of the results of the audiology studies of record. Lendenmann, 3 Vet. App. 345. Thus, based on the forgoing, the Board finds that the audiological testing of record does not support a compensable schedular rating for the Veteran’s bilateral hearing loss. As a preponderance of the evidence is against a compensable rating for bilateral hearing loss, the Veteran’s claim is denied. H. SEESEL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD E. Iannone, Law Clerk