Citation Nr: 21007548 Decision Date: 02/09/21 Archive Date: 02/09/21 DOCKET NO. 15-03 840A DATE: February 9, 2021 ORDER Entitlement to a rating in excess of 0 percent for bilateral hearing loss is denied. FINDING OF FACT The Veteran's bilateral ear hearing loss has been shown to be manifested by no worse than right ear Level I auditory acuity, left ear Level I auditory acuity, and difficulty understanding conversations. CONCLUSION OF LAW The criteria for a compensable rating for bilateral hearing loss have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.326(a), 4.3, 4.85, 4.86, Diagnostic Code 6100. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from February 1977 to September 2001. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2012 rating decision of the original Agency of Jurisdiction (AOJ) of the Department of Veterans Affairs (VA). The Veteran attended a July 2018 hearing before the undersigned Veterans Law Judge. A hearing transcript is of record. Entitlement to a rating in excess of 0 percent for bilateral hearing loss The Veteran asserts that a compensable rating is warranted for service-connected bilateral hearing loss as the disability interferes with the ability to participate in conversations. Ratings for bilateral hearing loss range from 0 percent to 100 percent based on the degree of organic impairment of hearing acuity as measured by the results of controlled speech discrimination tests together with the average hearing threshold level as measured by a pure tone audiometry test in the frequencies of 1000, 2000, 3000, and 4000 cycles per second. The Rating Schedule establishes eleven auditory acuity levels designated from Level I for essentially normal auditory acuity to Level XI for profound deafness. The ratings derived from the rating schedule are intended to make allowance for improvement by hearing aids. 38 C.F.R. § 4.85, Diagnostic Code 6100. When the pure tone threshold at each of the four specified frequencies of 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. 38 C.F.R. § 4.86(a). 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 in the higher numeral. That numeral will then be elevated to the next higher Roman numeral. Each ear will be evaluated separately. 38 C.F.R. § 4.86(b). In rating hearing loss, ratings on a schedular basis are derived by a mechanical application of the ratings schedule to the numeric designations assigned after audiometric evaluations are made. Lendenmann v. Principi, 3 Vet. App. 345 (1992). VA audiological evaluations should include both objective test results and a full description of the functional effect of the Veteran's hearing loss disability. Martinak v. Nicholson, 21 Vet. App. 447 (2007). At a September 2012 VA audiology examination, pure tone thresholds, in decibels, were: HERTZ AVERAGE 1000 2000 3000 4000 RIGHT 31.25 20 30 35 40 LEFT 52.5 35 60 60 55 Speech audiometry found speech recognition ability of 94 percent in the right ear and of 100 in the left ear. The examiner diagnosed with bilateral sensorineural hearing loss. The Veteran had to turn his good ear towards speakers and ask people to repeat themselves, which was depressing and aggravating. He had trouble hearing in noisy restaurants. An exceptional pattern of hearing loss was not shown. Those finding equate to Level I in the right ear and Level I in the left ear, which warrants a 0 percent rating. At a November 2013 VA audiology examination, pure tone thresholds, in decibels, were: HERTZ AVERAGE 1000 2000 3000 4000 RIGHT 31.25 20 35 40 30 LEFT 38.75 20 50 50 35 Speech audiometry found speech recognition ability of 96 percent in the right ear and of 96 in the left ear. The examiner diagnosed with bilateral sensorineural hearing loss. The Veteran used visual data to communicate. He was moved from an instructor position to a position using a computer that required less interpersonal communication. Others complained that he spoke too loudly and of difficulty communicating. An exceptional pattern of hearing loss was not shown. Those finding equate to Level I in the right ear and Level I in the left ear, which warrants a 0 percent rating At a July 2018 hearing, the Veteran reported that he had learned to read lips due to the hearing loss disability. At a May 2019 VA audiology examination, pure tone thresholds, in decibels, were: HERTZ AVERAGE 1000 2000 3000 4000 RIGHT 26.25 10 35 35 25 LEFT 33.75 10 45 45 35 Speech audiometry found speech recognition ability of 98 percent in the right ear and of 94 in the left ear. The examiner diagnosed with bilateral sensorineural hearing loss. The examiner determined that the service-connected bilateral hearing loss disability could interfere with the ability to understand conversations in background noise and in situations where the Veteran was unable to see the speaker. However, as long as reasonable accommodations were made, the Veteran should be able to perform most jobs for which he had the training and background. Most occupations do not set physical requirements for hearing. The hearing impairment with or without tinnitus bilaterally, as severe as the hearing loss may have been, had little, if any effect, on individual unemployability. The service-connected bilateral sensorineural hearing loss has been found to be manifested by difficulty following conversation and to be productive of some impairment of occupational activities. The audiometric findings reported above do not constitute an exceptional pattern of hearing impairment under the provisions of 38 C.F.R. § 4.86 and result in numeric designations of Level I hearing acuity in each ear at each examination during the claim period. That hearing loss disability warrants the assignment of a 0 percent rating under Diagnostic Code 6100. The Board finds that a compensable schedular rating is not warranted for the bilateral hearing loss at any point during the relevant time period. Accordingly, the Board finds that the preponderance of the evidence is against the assignment of any higher rating and the claim for increased rating must be denied. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. § 3.102, 4.3, 4.85, Diagnostic Code 6100; Hart v. Mansfield, 21 Vet. App. 505 (2007). Harvey P. Roberts Veterans Law Judge Board of Veterans’ Appeals 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.