Citation Nr: 20007380 Decision Date: 01/30/20 Archive Date: 01/29/20 DOCKET NO. 19-26 129 DATE: January 30, 2020 ORDER Entitlement to an initial compensable rating for right ear hearing loss is denied. FINDING OF FACT Throughout the appeal period, the Veteran’s right ear hearing loss has been manifested by no worse than Level I hearing impairment. CONCLUSION OF LAW The criteria for a compensable rating for right ear hearing loss are not met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.85, Diagnostic Code (DC) 6100, 4.86. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Marine Corps from July 2013 to July 2017. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a February 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to an initial compensable rating for right ear hearing loss is denied. Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities, found in 38 C.F.R., Part 4. The percentage ratings represent, as far as can practicably be determined, the average impairment in earning capacity in civil occupations. 38 U.S.C. § 1155. The disability must be viewed in relation to its history. 38 C.F.R. § 4.1. If two disability ratings are potentially applicable, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria for that rating; otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. Reasonable doubt as to the degree of disability will be resolved in favor of the claimant. 38 C.F.R. § 4.3. Ratings for hearing impairment are derived from a mechanical application of the Rating Schedule, using numeric designations based upon the results of controlled speech discrimination tests (Maryland CNC), together with the average hearing threshold level as measured by puretone audiometry tests in the frequencies of 1000, 2000, 3000, and 4000 Hertz. See 38 C.F.R. § 4.85; see also Lendenmann v. Principi, 3 Vet. App. 345, 349 (1992). By applying the tables in the Rating Schedule to the Veteran’s test results, a Roman numeral designation is assigned, ranging from Level I for essentially normal acuity to Level XI for profound deafness. See 38 C.F.R. § 4.85, DC 6100, Table VI and Table VIA. These Roman numeral designations are then used to determine the percentage evaluation for hearing impairment by applying Table VII. Id. Where, as here, impaired hearing is service-connected in only one ear, in order to determine the percentage evaluation from Table VII, the nonservice-connected ear will be assigned a Roman numeral designation for hearing impairment of I, subject to the provisions of 38 C.F.R. § 3.383. See 38 C.F.R. § 4.85 (f). The Veteran was afforded a VA examination in August 2017, which revealed the following puretone thresholds, in decibels: HERTZ 1000 2000 3000 4000 AVERAGE RIGHT 30 55 40 85 52.5 Speech audiometry revealed a Maryland CNC speech discrimination score of 94 percent in the right ear with an average loss of 52.5 decibels. This correlates to Level I hearing impairment, which warrants a 0 percent disability rating. See 38 C.F.R. § 4.85, Table VI, Table VII (DC 6100). In December 2017, the Veteran underwent another VA examination which revealed the following puretone thresholds, in decibels: HERTZ 1000 2000 3000 4000 AVERAGE RIGHT 25 40 45 55 41.25 Speech audiometry revealed a Maryland CNC speech discrimination score of 94 percent in the right ear with an average loss of 41.25 decibels. This also correlates to Level I hearing impairment, which warrants a 0 percent disability rating. See 38 C.F.R. § 4.85, Table VI, Table VII (DC 6100). These tests results do not show that the Veteran met the criteria for at least a 10 percent rating for the hearing loss in his service-connected right ear. 38 U.S.C. § 1160(a)(3); 38 C.F.R. §§ 3.383(a)(3), 4.85(f). A numeric designation of at least X would need to be shown. Therefore, the nonservice-connected right ear must be assigned a numeric designation of I at all times when evaluating his service-connected left ear hearing loss. Id. A pattern of exceptional hearing loss has not been demonstrated, as puretone thresholds in each of the four frequencies 1000, 2000, 3000, and 4000 Hertz were not 55 decibels or greater, or 30 decibels or less at 1000 Hertz and 70 decibels or more at 2000 Hertz on examination. 38 C.F.R. § 4.86. VA examiners have noted the functional impact of the Veteran’s hearing loss (difficulty with hearing in crowds and in background noise, hearing quiet speech, hearing at a distance, and hearing the telephone and television). Martinak v. Nicholson, 21 Vet. App. 447, 455 (2007). However, as noted above, the assignment of disability ratings for hearing impairment are derived by a mechanical application of audiometric evaluation results to the rating schedule. Lendenmann, 3 Vet. App. at 349. As such, even considering the Veteran’s reports as to the effects of his hearing loss on his daily life, the relevant evidence shows that a compensable rating for right ear hearing loss is not warranted. S. BUSH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board S.S. Mahoney The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.