Citation Nr: 18158967 Decision Date: 12/19/18 Archive Date: 12/18/18 DOCKET NO. 16-61 618 DATE: December 19, 2018 ORDER Entitlement to a disability rating in excess of 20 percent for bilateral hearing loss is denied. FINDING OF FACT The Veteran’s service-connected bilateral hearing loss was manifested by exceptional patterns of hearing impairment with puretone thresholds at each of the four specified frequencies of 55 decibels or more. The most probative evidence of record shows his hearing loss resulted in level V hearing acuity in the right ear and level V hearing acuity in the left ear. CONCLUSION OF LAW The criteria for a disability rating in excess of 20 percent for bilateral hearing loss have not been met. 38 U.S.C. § 1155, 5107; 38 C.F.R. §§ 3.102, 3.321, 3.385, 4.1, 4.3, 4.7, 4.85, 4.86, DC 6100. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty From December 1968 to July 1970. Hearing loss disabilities are rated by application of a mechanical process that is explained here. Initially, VA must determine the Roman numerical designation for the degree of hearing impairment in each ear based upon a combination of the percent of speech discrimination and the pure tone threshold average. 38 C.F.R. § 4.85. In general, the Roman numerical designation is determined through application of 38 C.F.R. § 4.85 (h), Table VI. Under Table VI, the horizontal rows represent eight separate ranges of pure tone threshold averages, as demonstrated through audiometric testing for the frequencies at 1000, 2000, 3000, and 4000 Hertz. The average pure tone threshold is calculated by determining the sum of the pure tone thresholds demonstrated at the four frequencies and dividing that sum by four. The vertical columns under Table VI represent nine separate ranges of speech discrimination percentage, as determined through Maryland CNC testing. The Roman numerical designation of impaired efficiency is determined for each ear by intersecting the horizontal row appropriate for the calculated pure tone threshold average and the vertical column appropriate for the demonstrated percentage of speech discrimination. 38 C.F.R. § 4.85 (b). In instances where audiometric testing reveals an exceptional pattern of hearing impairment, Roman numerical designations may be determined under 38 C.F.R. § 4.85 (h), Table VIA. Pursuant to 38 C.F.R. § 4.86, an exceptional pattern of hearing impairment exists where audiometric testing reveals either: (1) pure tone thresholds of 55 decibels or more at each of the frequencies at 1000, 2000, 3000, and 4000 Hertz; or (2) a pure tone threshold at 30 decibels or less at 1000 Hertz and 70 decibels or greater at 2000 Hertz. 38 C.F.R. §§ 4.85 (h); 4.86. After the Roman numerical designation has been determined for each ear, VA then determines the appropriate disability rating through application of 38 C.F.R. § 4.85 (h), Table VII. Table VII is applied by intersecting the appropriate horizontal row (which represents the Roman numerical designation for the poorer ear) with the appropriate vertical column (which represents the Roman numerical designation for the better ear). 38 C.F.R. § 4.85 (e). The Veteran was provided with a VA audiological examination in September 2016. His reported puretone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 60 65 60 60 75 LEFT 50 60 60 70 70 Speech audiometry revealed speech recognition ability of 88 percent in the right ear and of 84 percent in the left ear. As the puretone threshold at each of the four specified frequencies 1000, 2000, 3000, and 4000 Hertz was 55 decibels or more, bilaterally, an exceptional pattern of hearing impairment is shown under 38 C.F.R. § 4.86 (a). Applying the puretone threshold at each of the four specified frequencies 1000, 2000, 3000, and 4000 Hertz of 55 decibels or more to Table VIA produces a numerical designation for the right ear of level V in the left ear and level V in the right ear. Applying the results from Table VIA, entering the numeral designations of V for the right ear and V for the left ear to Table VII yields a disability rating of 20 percent under Diagnostic Code 6100. The assignment of disability ratings for hearing loss is primarily based upon a mechanical application of the rating criteria, as explained, and applied in this decision. In this case, the clinical evidence of record, when mechanically applied to the rating criteria, simply does not show that a rating more than 20 percent is warranted. To the extent that the Veteran contends that his bilateral hearing loss is more severe than reflected by his current disability ratings, the Board observes that the Veteran can attest to factual matters of which he has first-hand knowledge and understanding as a lay person, such as trouble hearing. See Washington v. Nicholson, 19 Vet. App. 362, 368 (2005). However, he is not competent to state that his hearing acuity is of a severity sufficient to warrant a higher rating under VA’s tables for rating hearing loss disabilities because such an opinion requires medical expertise and knowledge that he has not been shown to possess. See Kahana v. Shinseki, 24 Vet. App. 428 (2011). JOHN J CROWLEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD V. Woehlke, Associate Counsel