Citation Nr: 19123798
Decision Date: 04/02/19	Archive Date: 03/29/19

DOCKET NO. 16-53 469A
DATE:	April 2, 2019

ORDER

Entitlement to an initial compensable rating for bilateral hearing loss disability is denied.

FINDING OF FACT

The Veteran’s hearing loss was no worse than Level I in the right ear and Level II in the left ear.

CONCLUSION OF LAW

The criteria for an initial 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 had active military service from July 1978 to July 1981.

This case comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2016 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Paul, Minnesota.

Increased Rating—Bilateral Hearing Loss

The Veteran contends that he should have a compensable rating for his bilateral hearing loss disability as his hearing loss is worse than that contemplated by the currently assigned rating.   

In February 2016, the Veteran was afforded a VA audiology evaluation.  At that time, the Veteran reported that he was unable to hear when he was around too many people, that he was unable to hear consonants, and that he could not hear crickets.  Audiometric testing results at that time were as follows:

Hertz	1000	2000	3000	4000	Average

Right Ear	25	40	65	80	52.5

Left Ear	25	35	60	65	46.25



Speech recognition ability was 94 percent in the right ear and 88 percent in the left ear.  Applying those values to the rating criteria results in a numeric designation of Level I in the right ear and Level II 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 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 February 2016 VA examiner clearly identified the effects that the Veteran’s bilateral hearing loss disability had on his daily life, to include the effect on the Veteran’s social interactions.  Therefore, the Board finds that the VA audiology evaluation reports are in compliance with the requirements of Martinak.

A review of the record shows that the Veteran received treatment at the VA Medical Center and from private providers for various disabilities, to include his bilateral hearing loss disability.  However, there are no audiometric testing results of record showing his hearing loss to be worse than that reported at the VA audiology evaluation.

The Board finds that the Veteran is not entitled to an initial compensable rating for bilateral hearing loss disability.  For the entire period on appeal, the Veteran’s hearing loss was no worse than Level I in the right ear and Level II in the left ear.  Those results fall within the schedular criteria for a 0 percent rating.  Therefore, the criteria for an increased rating have not been met. 38 C.F.R. § 4.85, Diagnostic Code 6100 (2018).

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

ATTORNEY FOR THE BOARD	Devyn Whitlock, Law Clerk