Citation Nr: 21064538 Decision Date: 10/20/21 Archive Date: 10/20/21 DOCKET NO. 18-37 599 DATE: October 20, 2021 ORDER A rating of 100 percent for bilateral hearing loss from April 5, 2012 is granted. FINDING OF FACT The increase in severity of the Veteran's bilateral hearing loss was evident from April 5, 2012. CONCLUSION OF LAW The criteria for a 100 percent rating for bilateral hearing loss have been met from April 5, 2012. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.85, 4.86, Diagnostic Code 6100. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1970 to August 1976. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2015 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). In May 2021, the Veteran appeared and testified at a virtual Board hearing before the undersigned Veterans Law Judge. By way of history, the Board notes that in an October 2015 decision, the Board granted service connection for bilateral hearing loss. That same month, the RO implemented that decision and assigned a 30 percent rating. The Veteran filed for an increase and in a January 2016 decision, the RO continued the 30 percent rating. In March 2016, the Veteran filed an NOD with the evaluation assigned, which is within the appeal period of the October 2015 rating decision which initially assigned a 30 percent rating. As such, the Board finds that the Veteran was appealing the initial rating assigned. A rating of 100 percent for bilateral hearing loss from April 5, 2012 is granted. The Veteran contends that the evidence shows his hearing was substantially worse by April 2012 as compared to the March 2011 VA examination. Evaluations of defective hearing range from noncompensable to 100 percent based on organic impairment of hearing acuity as measured by the results of a controlled Maryland CNC speech discrimination test together with the average hearing threshold level measured by pure tone audiometry tests in the frequencies of 1000, 2000, 3000, and 4000 cycles per second (Hertz). 38 C.F.R. § 4.85, Diagnostic Code 6100. To evaluate the degree of disability from bilateral service-connected hearing loss, the schedule establishes 11 auditory hearing acuity levels designated from Level I for essentially normal hearing acuity through Level XI for profound deafness. 38 C.F.R. § 4.85, Tables VI and VII. An exceptional pattern of hearing impairment occurs when the pure tone threshold at each of the four specified frequencies (1000, 2000, 3000, and 4000 Hertz) is 55 decibels or more. 38 C.F.R. § 4.86(a). In that situation, 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. Further, when the average 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 in the higher numeral, and that numeral will then be elevated to the next higher numeral. 38 C.F.R. § 4.86(b). At a June 2011 VA examination the Veteran's Maryland CNC Word List speech recognition score and pure tone thresholds, in decibels, were as follows: June 25, 2011 HERTZ 1000 2000 3000 4000 Avg CNC RIGHT 40 50 65 80 58.75 80 LEFT 90 95 95 105 96.25 0 Applying the results to Table VI, the findings yield a numeric designation of Level IV in the right ear and Level XI in the left ear. Entering the resulting bilateral numeric designation of Level IV for the right ear and Level XI for the left ear to 38 C.F.R. § 4.85, Table VII, equates to a 30 percent disability rating under Diagnostic Code 6100. An exceptional pattern of hearing impairment under 38 C.F.R. § 4.86 in the right ear was not shown. A December 2016 VA examination reveals that the Veteran reported has difficulty hearing in nearly all situations. 38 C.F.R. § 4.10; Martinak v. Nicholson, 21 Vet. App. 447 (2007). The Veteran's Maryland CNC Word List speech recognition score and pure tone thresholds, in decibels, were as follows: December 6, 2016 HERTZ 1000 2000 3000 4000 Avg CNC RIGHT 100 105 110 105 105 24 LEFT 105 105 105 105 105 0 Applying the results to Table VI, the findings yield a numeric designation of Level XI in the right ear and Level XI in the left ear. Entering the resulting bilateral numeric designation of Level XI for the right ear and Level XI for the left ear to 38 C.F.R. § 4.85, Table VII, equates to a 100 percent disability rating under Diagnostic Code 6100. The Veteran underwent a private audiology examination in April 2012 where the pure tone thresholds were as follows: April 5, 2012 HERTZ 1000 2000 3000 4000 Avg RIGHT 95 90 95 105 96.25 LEFT 105 110 105 105 106.25 While this examination did not use the Maryland CNC Word List for speech discrimination, the Board notes the dramatic difference in pure tone thresholds between the March 2011 and April 2012. Further, the March 2012 results are similar to the December 2016 pure tone thresholds. Based on the evidence above, a significant worsening of the Veteran's hearing was first discernable in April 2012 and confirmed by the December 2016 audiogram. Therefore, a rating of 100 percent rating from April 2012 for the Veteran's bilateral hearing loss is warranted. MICHAEL E. KILCOYNE Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Uller, Associate Counsel 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.