Citation Nr: 21010654 Decision Date: 02/25/21 Archive Date: 02/25/21 DOCKET NO. 15-43 084 DATE: February 25, 2021 ORDER A compensable disability rating for bilateral hearing loss is denied. FINDING OF FACT Throughout the entire appeal period, the Veteran’s bilateral hearing loss has manifested with no greater than Level I hearing in each ear. CONCLUSION OF LAW The criteria for a compensable disability rating for service-connected bilateral hearing loss have not been satisfied.  38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.85, 4.86, Diagnostic Code 6100. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from April 1980 to March 1983. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from November 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In February 2019, the Veteran testified before the undersigned Veterans Law Judge. In April 2020, the case was remanded to afford the Veteran an additional VA examination, which has been completed. Disability ratings are determined by evaluating the extent to which a Veteran’s service-connected disability adversely affects his or her ability to function under the ordinary conditions of daily life, including employment, by comparing his or her symptomatology with the criteria set forth in the Schedule for Rating Disabilities (Rating Schedule). See 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Different ratings may be assigned for different periods of time for the same disorder if the facts show distinct time periods with different levels of disability. Fenderson v. West, 12 Vet. App. 119 (1999); Hart v. Mansfield, 21 Vet. App. 505 (2007). If two ratings are potentially applicable, the higher rating will be assigned if the disability more nearly approximates the criteria required for that rating; otherwise, the lower rating will be assigned. See 38 C.F.R. § 4.7. Any reasonable doubt regarding the degree of disability will be resolved in favor of the Veteran. See 38 C.F.R. § 4.3. The evidentiary record does not reasonably raise the prospect that the Veteran’s disability is not and cannot be adequately rated under the Rating Schedule. Ratings of defective hearing 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 Hertz. 38 C.F.R. § 4.85. Under 38 C.F.R. § 4.85, Table VI, Numeric Designation of Hearing Impairment Based on Puretone Threshold Average and Speech Discrimination, is used to determine a Roman numeral designation (I through XI) for hearing impairment based on a combination of the percent of speech discrimination and the pure tone threshold average. The Roman numeral designation is located at the point where the percentage of speech discrimination and pure tone average intersect.  38 C.F.R. § 4.85(b). The pure tone threshold average is the sum of the pure tone thresholds at 1000, 2000, 3000, and 4000 Hertz, divided by 4. Table VII, Percentage Evaluation for Hearing Impairment, is used to determine the rating by combining the Roman numeral designations for hearing impairment of each ear. The horizontal rows represent the ear having the better hearing and the vertical columns the ear having the poor hearing. The disability rating is located at the point where the rows and column intersect.  38 C.F.R. § 4.85(e). 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 Roman numeral designation for hearing impairment will be determined from either Table VI or Table VIA, whichever results in the higher numeral. When the pure tone threshold is 30 decibels or less at 1000 Hertz, and 70 decibels or more at 2000 Hertz, the Roman numeral designation for hearing impairment will be determined 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. Table VIA can also be used when the examiner certifies that use of the speech discrimination test is not appropriate because of language difficulties, inconsistent speech discrimination scores, etc.  38 C.F.R. § 4.85(c). The evidence of record does not show that the Veteran’s level of hearing loss warrants evaluation under these alternate criteria. Private audiograms from July 2014 and November 2015 shows puretone thresholds but do not contain results from speech discrimination testing. The audiograms do not show an exceptional pattern of hearing or otherwise suggest that Table VIA would be appropriate. As such, the private audiograms are not adequate for rating purposes. 38 C.F.R. § 4.85. In October 2014, a VA audiology examination of the Veteran was conducted. He reported a decrease in hearing, difficulty hearing people especially if there is background noise, problems communicating with workers as a superintendent on a construction site, and turning his television volume up. Pure tone thresholds, in decibels, were as follows: HERTZ 1000 2000 3000 4000 Average RIGHT 20 35 30 25 28 LEFT 35 35 30 15 29 Speech audiometry revealed speech recognition ability of 100 percent in each ear. These audiometric results translate into Level I hearing for each ear. In December 2016, a VA audiology examination of the Veteran was conducted. He reported his hearing loss makes it hard to hear in noise. Pure tone thresholds, in decibels, were as follows: HERTZ 1000 2000 3000 4000 Average RIGHT 20 30 35 30 28.75 LEFT 20 35 35 25 28.75 Speech audiometry revealed speech recognition ability of 96 percent in each ear. These audiometric results translate into Level I hearing for each ear. At the February 2018 hearing, the Veteran reported that he had been prescribed hearing aids. He indicated that he turns the television volume up and he has problems hearing and understanding people. In August 2020, the most recent VA audiology examination of the Veteran was conducted. He reported difficulty hearing resulting in him turning up the television volume and having to ask people to repeat themselves. Pure tone thresholds, in decibels, were as follows: HERTZ 1000 2000 3000 4000 Average RIGHT 25 40 40 35 35 LEFT 30 40 35 35 35 Speech audiometry revealed speech recognition ability of 96 percent in the right ear and of 98 percent in the left ear. These audiometric results translate into Level I hearing for each ear. The preponderance of the evidence is against the assignment of a compensable disability rating for the Veteran’s bilateral hearing loss. All probative hearing tests show the Veteran has hearing loss levels which do not meet the criteria for the assignment of a compensable disability rating. Accordingly, entitlement to a compensable disability rating for bilateral hearing loss is denied. Nathan Kroes Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Havelka, 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.