Citation Nr: 18150627 Decision Date: 11/15/18 Archive Date: 11/15/18 DOCKET NO. 16-42 616 DATE: November 15, 2018 ORDER Entitlement to an initial compensable rating for a bilateral hearing loss disability is denied. FINDING OF FACT The Veteran has demonstrated, at worst, Level II hearing acuity in the right ear and Level I in the left ear. CONCLUSION OF LAW The criteria for an initial compensable rating for a bilateral hearing loss disability are not met. 38 U.S.C. § 1155 (2012); 38 C.F.R. §§ 4.7, 4.85, 4.86, Diagnostic Code 6100 (2018).   REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1983 to July 1990 in the United States Marine Corps. This case comes before the Board of Veterans’ Appeals (Board) on appeal from a July 2015 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in San Diego, California. Increased Rating – Bilateral Hearing Loss In a July 2015 rating decision, the RO granted service connection for bilateral hearing loss and assigned an initial noncompensable rating effective April 4, 2015. The Veteran appealed and is seeking a compensable rating. The Veteran submitted private audiograms dated in 2007 and 2008, which are outside the appeal period. During a February 2015 private audiology evaluation, audiometric testing results were as follows: 1000 2000 3000 4000 Avg. Hz. Right 15 10 55 65 36.25 Left 10 5 20 55 22.5 Speech recognition ability was measured at 90 in the right ear and 100 percent in the left ear. It is unclear whether the Maryland CNC speech discrimination test was used; however, if those results are applied to Table VI, the results of the February 2015 private audiology evaluation equate to Level II in the right ear, and Level I in the left ear. Using Table VII, those results warrant a noncompensable rating. 38 C.F.R. § 4.85, Diagnostic Code 6100 (2018). During a July 2015 VA audiology evaluation, audiometric testing results were as follows: 1000 2000 3000 4000 Avg. Hz. Right 15 10 55 60 35 Left 10 10 35 70 31.25 Speech recognition ability was measured at 100 percent in both ears. Using Table VI, the results of the July 2015 VA audiology evaluation equate to Level I in both ears. Using Table VII, those results warrant a noncompensable rating. 38 C.F.R. § 4.85, Diagnostic Code 6100 (2018). The Board has carefully reviewed the remaining record in its entirety, but finds no other probative evidence of record showing that the Veteran’s bilateral hearing loss disability is more severe for compensation purposes than demonstrated on the audiological evaluations discussed above. In addition, there is no basis for the assignment of staged ratings, as the criteria for a higher rating have not been met during the relevant time period. Fenderson v. West, 12 Vet. App. 119 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). The Board has also considered the provisions of 38 C.F.R. § 4.86 governing exceptional patterns of hearing impairment. However, the audiological evaluations do not demonstrate that each of the four specified frequencies (1000, 2000, 3000, and 4000 Hertz) in either ear is 55 decibels or more or that pure tone threshold is 30 decibels or less at 1000 Hz and 70 decibels or more at 2000 Hz in either ear. Therefore, the provisions of 38 C.F.R. § 4.86 are not applicable. See 38 C.F.R. § 4.86(a), (b). In addition, the Board has considered the evidence of record showing that the Veteran has difficulty understanding speech. Although the Board finds his statements to be credible, it finds that those factors do not provide sufficient evidence on which to award a higher rating for bilateral hearing loss. Disability ratings for hearing impairment are derived by a mechanical application of the rating schedule to the numeric designations assigned after audiometric evaluations are rendered. See Lendenmann v. Principi, 3 Vet. App. 345, 349 (1992). In this case, as explained above, the numeric designations correlate to no greater than a noncompensable disability rating. Accordingly, the Board finds that the preponderance of the evidence is against the claim and entitlement to an initial compensable rating for a bilateral hearing loss disability is not warranted. 38 U.S.C. § 5107 (b) (2012); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Kristin Haddock Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Mishalanie, Counsel