Citation Nr: 18123739 Decision Date: 08/02/18 Archive Date: 08/02/18 DOCKET NO. 13-03 212 DATE: August 2, 2018 ORDER Entitlement to a compensable rating for bilateral hearing loss is denied. FINDING OF FACT Throughout the appeal period, audiometric examinations correspond to at worst Level II hearing loss in the Veteran’s right ear, and Level IV hearing loss in his left ear. CONCLUSION OF LAW The criteria for entitlement to a compensable rating for bilateral hearing loss have not been met. 38 U.S.C. §§ 1110, 1155, 5107; 38 C.F.R. §§ 4.7, 4.85, 4.86, Diagnostic Code 6100. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1966 to December 1969 and from January 1971 to April 1987. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2010 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In February 2013, the Veteran requested a hearing. See February 2013 Third Party Correspondence. However, the Veteran, via his representative, withdrew the hearing request in April 2016. See April 2016 Statement in Support of Claim. The record contains no subsequent hearing requests. The Board remanded this matter in December 2016 for further development. In his brief, the Veteran’s representative requested service connection for tinnitus. See June 2018 Appellate Brief. As the representative acknowledged, service connection for tinnitus is not “a part of this request for an increase in rating for hearing loss.” Effective March 24, 2015, a claim for entitlement to benefits must be submitted on a standard form. See 38 C.F.R. § 20.201. Moreover, this issue has not been adjudicated by the Agency of Original Jurisdiction (AOJ). Therefore, the Board does not have jurisdiction over this matter. Accordingly, the Board refers the issue of entitlement to service connection for tinnitus to the AOJ for appropriate action. Entitlement to a compensable rating for bilateral hearing loss. I. Legal Criteria Evaluations for defective hearing are based upon organic impairment of hearing acuity as measured by the results of controlled speech discrimination tests, along with the average hearing threshold level as measured by pure tone audiometric tests in the frequencies of 1000, 2000, 3000, and 4000 Hertz. 38 C.F.R. § 4.85, Tables VI, VII. To evaluate the degree of disability for service-connected bilateral hearing loss, the rating schedule establishes eleven auditory acuity levels, designated from Level I for essentially normal acuity, through Level XI for profound deafness. Table VI is used to determine the Roman numeric designation, based on test results consisting of puretone thresholds and Maryland CNC test speech discrimination scores. The numeric designations are then applied to Table VII to determine the appropriate rating for hearing impairment. 38 C.F.R. § 4.85, Tables VI, VII. Where there is an exceptional pattern of hearing impairment, a rating based on pure tone thresholds alone may be assigned (Table VIA). This alternative method for rating hearing loss disability may be applied if the puretone thresholds at 1000, 2000, 3000, and 4000 Hertz are all at 55 decibels or higher, or if the puretone threshold at 1000 Hertz is 30 or less and the puretone threshold at 2000 Hertz is 70 or more. 38 C.F.R. § 4.86. Each ear is to be evaluated separately under this part of the regulations. Ratings for hearing impairment are 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 (1992). I. Analysis The Veteran filed his claim for an increased rating in March 2010. The Veteran underwent a VA audiological examination in May 2010. The Veteran reported that he has the most difficulty understanding speech with background noise and has to watch the speaker in order to understand what is being said. During his examination puretone thresholds, in decibels, were as follows: Hertz Right Ear Left Ear 1000 30 25 2000 25 55 3000 55 80 4000 60 80 The average of the puretone thresholds findings at 1000, 2000, 3000, and 4000 Hertz was 42.5 decibels in the right ear, and 60 decibels in the left ear. The speech recognition scores on the Maryland CNC word list were 84 in the right ear and 82 in the left ear. Applying the test results of the audiometric examination to Table VI of the Rating Schedule results in a Roman numeric designation of Level II for the right ear, and Level IV for the left ear. 38 C.F.R. § 4.85, Table VI. Applying the Roman numeric designations to Table VII, the result is a noncompensable rating for the Veteran’s service-connected bilateral hearing loss. 38 C.F.R. § 4.85, Table VII, Diagnostic Code 6100. The Veteran underwent a subsequent VA audiological examination in December 2016. The Veteran reported that he had difficulty hearing high pitched voices, while in background noise, or if someone is not facing him when speaking. During his examination puretone thresholds, in decibels, were as follows: Hertz Right Ear Left Ear 1000 40 35 2000 55 80 3000 65 80 4000 65 80 The average of the puretone thresholds findings at 1000, 2000, 3000, and 4000 Hertz was 56.25 decibels in the right ear, and 68.75 decibels in the left ear. The speech recognition scores on the Maryland CNC word list were 90 percent in the right ear and 82 percent in the left ear. Applying the test results of the audiometric examination to Table VI of the Rating Schedule results in a Roman numeric designation of Level II for the right ear, and Level IV for the left ear. 38 C.F.R. § 4.85, Table VI. Applying the Roman numeric designations to Table VII, the result is a noncompensable rating for the Veteran’s service-connected bilateral hearing loss. 38 C.F.R. § 4.85, Table VII, Diagnostic Code 6100. The alternative method for rating hearing loss disability for an exceptional pattern of hearing impairment, 38 C.F.R. § 4.86, is inapplicable as the Veteran’s puretone thresholds were not 55 decibels or more at each frequency, 38 C.F.R. § 4.86(a), or 30 decibels or less at 1000 hertz and 70 decibels or more at 2000 hertz, 38 C.F.R. § 4.86(b). (Continued on the next page)   There are no other audiometric testing results for the remainder of the appeal period which comply with the requirements of 38 C.F.R. § 4.85 for rating purposes. Accordingly, the evidence of record does not establish a compensable disability rating for the Veteran’s hearing loss. See Lendenmann v. Principi, 3 Vet. App. 345 (1992). Therefore, the claim is denied. S. HENEKS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Wimbish, Associate Counsel