Citation Nr: 18145122
Decision Date: 10/26/18	Archive Date: 10/26/18

DOCKET NO. 16-23 602
DATE:	October 26, 2018
ORDER
Entitlement to a compensable rating for bilateral hearing loss is denied.
FINDING OF FACT
Throughout the appeal period, the Veteran’s audiometric testing has not indicated a compensable rating for bilateral hearing loss. 
CONCLUSION OF LAW
The criteria for a compensable rating for bilateral hearing loss have not been met at any point during the appeal period. 38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. § 4.85, Diagnostic Code (DC) 6100 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran honorably served in the United States Air Force from August 1967 to April 1971. This matter is brought before the Board of Veterans’ Appeals (Board) from a June 2015 rating decision. 
Entitlement to a compensable rating for bilateral hearing loss
The Veteran is seeking a compensable rating for his service-connected bilateral hearing loss. The criteria for rating hearing impairment utilize the results of controlled speech discrimination tests (Maryland CNC) together with the results of pure tone audiometry tests. These results are then charted on Table VI, Table VIA (in exceptional cases as described in 38 C.F.R. § 4.86), and Table VII, as set out in the Rating Schedule. 38 C.F.R. § 4.85. The competent, reliable, and probative evidence of record consists of a June 2015 and a January 2017 VA audiological examination. 
On the authorized audiological evaluation in June 2015, pure tone thresholds, in decibels, were as follows:
 
 	 	 	HERTZ	 	 
 	500	1000	2000	3000	4000
RIGHT	20 	30 	25 	60 	 65
LEFT	 25	 30	 35	 60	 60
 
The average pure tone threshold reading for the right ear was 45 and 46 for the left ear. Speech audiometry revealed speech recognition ability of 80 percent in the right ear and 76 percent in the left ear. Evaluating these test scores using Table VI shows that the Veteran’s hearing acuity was at Level III in both his left and right ear, which results in a noncompensable (zero percent) disability rating under Table VII. 
The Veteran was next examined in January 2017. On the authorized audiological evaluation at that time, pure tone thresholds, in decibels, were as follows: 
 
 	 	 	HERTZ	 	 
 	500	1000	2000	3000	4000
RIGHT	 30	40	40	65	65
LEFT	35 	40	45	65	65
 
The average pure tone threshold reading for the right ear was 53 and 54 for the left ear. Speech audiometry revealed speech recognition ability of 82 percent in the right ear and 86 percent in the left ear. Evaluating these test score using Table VI shows that the Veteran’s hearing acuity is at Level IV in his right ear and Level II in his left ear, which results in a noncompensable (zero percent) disability rating under Table VII. 
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In evaluating this claim, the Board notes the Veteran has reported having difficulty hearing and needing to ask people to repeat themselves often.  The Board has carefully considered the lay assertions as to the severity of his hearing loss, and in no way discounts his assertions regarding his hearing difficulty or that his bilateral hearing loss should be rated higher.  However, the assignment of schedular disability ratings for hearing impairment is derived by a mechanical application of the rating schedule to the numeric designation assigned after audiometry results are obtained. Therefore, 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. See Lendenmann v. Principi, 3 Vet. App. 345 (1992) 
Accordingly, the Board finds the competent and probative evidence of record shows that, throughout the appeal period, the Veteran’s service-connected bilateral hearing loss is entitled to no higher than a zero percent disability rating, as reflected on Table VII of 38 C.F.R. § 4.85.
 
R. FEINBERG
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	S. N. Fournier, Law Clerk