Citation Nr: 18136147 Decision Date: 09/18/18 Archive Date: 09/18/18 DOCKET NO. 16-11 835 DATE: September 18, 2018 ORDER A compensable disability rating for a bilateral hearing loss disability is denied. FINDING OF FACT The Veteran’s service-connected bilateral hearing loss disability was manifested, at worst, by an average puretone threshold in the right ear of 35 decibels and 39 decibels in the left ear with speech recognition ability of 92 percent in the right ear and 88 percent in the left ear. CONCLUSION OF LAW The criteria for a compensable disability rating for the service-connected hearing loss disability have not been met. 38 U.S.C. §§ 1155, 5107 (2012); 38 C.F.R. §§ 4.85, 4.86, Diagnostic Code 6100 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1981 to October 1985. This matter comes before the Board of Veterans’ Appeals (BVA or Board) on appeal from a February 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Nashville, Tennessee. In September 2018, a motion to advance on docket has been raised by the Veteran’s representative due to the Veteran’s homelessness. The undersigned is granting that motion and advancing the appeal on the Board’s docket pursuant to 38 C.F.R. § 20.900 (c) (2017). 38 U.S.C. § 7107 (a)(2) (West 2012). A compensable disability rating for a bilateral hearing loss disability is denied. Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities (Rating Schedule). 38 C.F.R. Part 4 (2017). The Rating Schedule is primarily a guide in the evaluation of disabilities resulting from all types of diseases and injuries encountered as a result of or incident to military service. The ratings are intended to compensate, as far as can practicably be determined, the average impairment of earning capacity resulting from such diseases and injuries and their residual conditions in civilian occupations. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. The Veteran’s bilateral hearing loss disability is currently rated as noncompensable. Evaluations of defective hearing range from noncompensable to 100 percent for service-connected bilateral hearing loss. These evaluations are based on organic impairment of hearing acuity as measured by the results of controlled speech discrimination testing together with the average hearing threshold level as measured by pure tone audiometry tests in the frequencies 1000, 2000, 3000 and 4000 cycles per second. To evaluate the degree of disability from defective hearing, the revised rating schedule establishes eleven auditory acuity levels from level I for essentially normal acuity through XI for profound deafness. 38 C.F.R. § 4.85, Diagnostic Code 6100. In cases of exceptional hearing loss, i.e. when the pure tone threshold at each of the four specified frequencies (1000, 2000, 3000, and 4000 Hertz) is 55 decibels or more, the rating specialist will determine the Roman numeral designation for hearing impairment from either Table VI or Table VIa, whichever results in the higher numeral. Each ear will be evaluated separately. See 38 C.F.R. § 4.86(a). The provisions of 38 C.F.R. § 4.86(b) provide that when the pure tone threshold is 30 decibels or less at 1000 hertz, and 70 decibels or more at 2000 hertz, the rating specialist will determine the Roman numeral designation for hearing impairment from either Table VI or Table VIa, whichever results is the higher numeral. That numeral will then be elevated to the next higher Roman numeral. Each ear will then be evaluated separately. The Veteran was afforded a VA audiological examination in August 2014. The air conduction audiometric findings were as follows: HERTZ CNC 1000 2000 3000 4000 Avg % RIGHT 20 25 30 45 30 86 LEFT 25 30 35 30 30 80 Applying the puretone threshold average and speech discrimination results of the audiological examination to Table VI, yielded a value of level II for the right ear and level III for the left ear. Applying those values to Table VII, the designations yield a noncompensable evaluation. 38 C.F.R. § 4.85, Diagnostic Code 6100. The Veteran was afforded another VA audiological examination in February 2015. The audiometric findings were as follows: HERTZ CNC 1000 2000 3000 4000 Avg % RIGHT 30 20 25 35 28 88 LEFT 40 35 30 30 34 78 Applying the puretone threshold average and speech discrimination results of the audiological examination to Table VI, yielded a value of level II for the right ear and level III for the left ear. Applying those values to Table VII, the designations yield a noncompensable evaluation. 38 C.F.R. § 4.85, Diagnostic Code 6100. During the October 2015 VA examination, the Veteran described the impact of his hearing loss disability on his work and in his daily life stating that he has difficulty understanding conversational speech, especially when people are talking on his right side. He can often hear something being said, but has difficulty understanding. He also reported that he previously worked building houses and notes that if he were still working, he would have a difficult time and it would be dangerous since he has difficulty hearing sounds around him. Although the Veteran asserts that his hearing loss disability is more severe than currently rated, his statements alone cannot establish that a disability rating higher than noncompensable is warranted as ratings for hearing loss are based on the mechanical application of results of regulation-mandated audiometry. See Lendenmann v. Principi, 3 Vet. App. 345, 349 (1992). Accordingly, the preponderance of the evidence is against the claim seeking a higher rating for bilateral hearing loss disability. Although the evidence of record shows that the Veteran clearly has a hearing loss disability as defined by VA, the evidence does not support entitlement to a higher evaluation for bilateral hearing disability impairment at any point during the appeal. The preponderance of the evidence is against the claim; there is no doubt to be resolved and an initial compensable rating is not warranted. See 38 U.S.C. § 5107(b); 38 C.F.R. §§ 3.102, 4.3. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Department of Veterans Affairs