Citation Nr: 21013906 Decision Date: 03/10/21 Archive Date: 03/10/21 DOCKET NO. 15-14 268 DATE: March 10, 2021 ORDER Entitlement to a compensable rating for right ear hearing loss is denied. FINDING OF FACT The most probative evidence demonstrates that the Veteran’s right ear hearing loss is manifested by hearing impairment corresponding to no higher than an auditory acuity of Level VII; he is not service connected for left ear hearing loss. CONCLUSION OF LAW The criteria for entitlement to a compensable rating for right ear hearing loss have not been met. 38 U.S.C. § 1155, 5107; 38 C.F.R. §§ 3.321, 4.85, Diagnostic Code 6100. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Air Force from July 1981 to October 1982. This appeal was previously remanded by Board in February 2019 for a new VA examination. After further development this matter is now ready for adjudication. 1. Entitlement to a compensable rating for right ear hearing loss The Veteran’s service-connected right ear hearing loss is currently assigned a 0 percent (i.e., noncompensable) rating under 38 C.F.R. § 4.85, DC 6100. He contends that his hearing impairment in this ear is worse and, thus, should receive a higher level of compensation, that is, a compensable level. Ratings of hearing loss range from noncompensable to 100 percent based on organic impairment of hearing acuity as measured by the results of speech discrimination tests combined with the average hearing threshold levels as measured by pure tone audiometry tests in the frequencies 1000, 2000, 3000, and 4000 cycles per second (Hertz). To rate the degree of disability for service-connected hearing loss, the Rating Schedule has established eleven auditory acuity levels, designated from level I, for essentially normal acuity, through level XI, for profound deafness. 38 C.F.R. § 4.85 (h), Table VI. In order to establish entitlement to a compensable rating for hearing loss, it must be shown that certain minimum levels of the combination of the percentage of speech discrimination loss and average pure tone decibel loss are met. The assignment of disability ratings for hearing impairment is derived by a mechanical application of the Rating Schedule to the numeric designations assigned after audiometric evaluations are rendered. Lendenmann v. Principi, 3 Vet. App. 345, 349 (1992). The criteria for rating hearing impairment use controlled speech discrimination tests (Maryland CNC) together with the results of pure tone audiometry tests. These results are then charted on Table VI, Table VIA in exceptional cases as described in 38 C.F.R. § 4.86, and Table VII, as set out in the Rating Schedule. 38 C.F.R. § 4.85. An exceptional pattern of hearing loss occurs when the pure tone threshold at 1000, 2000, 3000, and 4000 Hertz is 55 decibels or more, or when the pure tone threshold is 30 decibels or less at 1000 Hertz and 70 decibels or more at 2000 Hertz. 38 C.F.R. § 4.86 (a) and (b). The first thing worth noting, however, is that the Veteran is only service connected for right ear hearing loss. Pursuant to 38 C.F.R. § 4.85 (f), if 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. However, if impaired hearing is service-connected in only one ear, the impairment in both ears will be considered in rating the disability if the impairment in the service-connected ear is to a degree of 10 percent or more and the impairment in the nonservice-connected ear qualifies as a disability under 38 C.F.R. § 3.385. See 38 C.F.R. § 3.383 (a)(3). In this regard, in order for the right ear hearing loss to be considered 10-percent disabling, it must reach Level X or XI (which are the Roman Numeral designations for hearing loss of a severity that it would equate to a 10 percent rating when the nonservice-connected ear is assigned Level I hearing impairment). However, as will be discussed below, the Veteran’s right ear hearing loss results in no worse than Level VIII hearing impairment. As such, for the entire appeal period, his nonservice-connected left ear is assigned a Level I hearing impairment designation. The Board determines that a compensable rating is not warranted for the Veteran’s right ear hearing loss. The Veteran underwent a VA examination in October 2019. On the authorized audiological evaluation, pure tone thresholds, in decibels, were as follows: HERTZ 1000 2000 000 4000 Average RIGHT 50 75 90 100 78.75 However, CNC word list was marked as could not test (CNT) as the use of the speech discrimination score was not appropriate for this Veteran because of language difficulties, cognitive problems, inconsistent speech discrimination scores, etc., that make combined use of puretone average and speech discrimination scores inappropriate. The examining audiologist diagnosed right ear sensorineural hearing loss. Applying the findings of the October 2019 VA examination to the rating criteria for hearing impairment, the Board finds that the criteria for a compensable evaluation for right ear hearing loss have not been met. Considering that the Veteran's right ear manifests an average puretone threshold of 78.75 decibels, reference to 38 C.F.R. § 4.85, Table VIa, shows his right ear hearing loss to be Level VII impairment. Since his left ear is not service connected, a Roman numeral I is used for this ear in Table VII. 38 C.F.R. § 4.85(f). Applying these results to Table VII, a noncompensable evaluation is assigned. In considering the appropriate disability ratings, the Board has also considered the Veteran’s statements that his right ear hearing loss is worse than the rating he currently receives. Here, while the Veteran is competent to report symptoms because this requires only personal knowledge as it comes to him through his senses, he is not competent to identify a specific level of disability of his disabilities according to the appropriate diagnostic codes. Rucker v. Brown, 10 Vet. App. 67, 74 (1997). On the other hand, such competent evidence concerning the nature and extent of the Veteran’s hearing loss has been provided by the medical personnel who have examined him during the current appeal and who have rendered pertinent opinions in conjunction with the evaluations. The medical findings (as provided in the examination reports) directly address the criteria under which this disability is evaluated. Based on the foregoing, the Board has determined that a compensable rating for right ear hearing loss is not warranted, and the appeal is denied. 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. B.T. KNOPE Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Vample, Erica