Citation Nr: 18153924 Decision Date: 11/28/18 Archive Date: 11/28/18 DOCKET NO. 16-35 226A DATE: November 28, 2018 ORDER Entitlement to a compensable for bilateral hearing loss disability is denied. FINDING OF FACT The Veteran’s hearing impairment is no worse than Level III in the right ear and Level I in the left ear. CONCLUSION OF LAW The criteria for a compensable rating for bilateral hearing loss disability have not been met. 38 U.S.C. § 1155 (2012); 38 C.F.R. §§ 4.7, 4.85, Diagnostic Code 6100 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Marine Corps (USMC) from February 1966 to February 1968. This matter comes to the Board of Veteran’s Appeals (Board) on appeal from a January 2016 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Milwaukee, Wisconsin. Increased Rating – Bilateral Hearing Loss Disability The Veteran asserts that he is entitled to a higher rating for bilateral hearing loss disability because his hearing impairment and overall disability picture is worse than contemplated by the currently assigned rating. In January 2016, the Veteran was afforded a VA audiology evaluation. At that time, the Veteran reported that the impact of his bilateral hearing loss disability on his daily life was that he was unable to hear his wife when she spoke to him, which caused her to have to repeat herself often. He also reported that he was unable to hear others when they spoke to him in the presence of background noise. Audiometric testing results at that time were as follows: Hertz 1000 2000 3000 4000 Average Right Ear 40 45 75 80 60 Left Ear 30 40 55 60 46.25 Speech recognition ability was measured at 88 percent in the right ear and 94 percent in the left ear. The examiner diagnosed bilateral sensorineural hearing loss disability. Applying those values to the rating criteria results in a numeric designation of Level III in the right ear and Level I in the left ear. 38 C.F.R. § 4.85, Table VI (2018). Application of the levels of hearing impairment in each ear to Table VII at 38 C.F.R. § 4.85 produces a noncompensable (0 percent) rating. In addition to dictating objective test results, a VA audiologist must fully describe the functional effects caused by a hearing disability in the final report. Martinak v. Nicholson, 21 Vet. App. 447 (2007). The January 2016 VA examiner clearly identified the functional impact the Veteran’s bilateral hearing loss disability had on his daily life, to include a description of the Veteran’s own account of such. Therefore, the Board finds that the January 2016 VA audiology evaluation report is in compliance with the requirements of Martinak. A review of the record shows that the Veteran is seen at the VA Medical Center for management of his bilateral hearing loss disability. However, a review of those treatment notes of record do not show audiometric testing that is worse than that reported in the January 2016 VA audiology evaluation report. In fact, it appears that the VA Medical Center audiology notes of record tend to show only hearing aid management without additional audiometric testing. The Veteran’s bilateral hearing loss disability has not been shown to be worse than Level III in the right ear, or Level I in the left ear. Those results fall within the schedular criteria for a noncompensable (0 percent) rating. Therefore, the criteria for a compensable rating have not been met. 38 C.F.R. § 4.85, Diagnostic Code 6100 (2018). Consideration has been given to assigning staged ratings. However, at no time during the period in question has the disability warranted a higher schedular rating than that assigned. Hart v. Mansfield, 21 Vet. App. 505 (2007). Accordingly, the Board finds that the preponderance of the evidence is against the claim and entitlement to a compensable rating for bilateral hearing loss 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 Devyn Whitlock, Law Clerk