Citation Nr: 21021183 Decision Date: 04/12/21 Archive Date: 04/12/21 DOCKET NO. 15-31 874 DATE: April 12, 2021 REMANDED Entitlement to a compensable rating for bilateral hearing loss is remanded. REASONS FOR REMAND The Veteran served in the United States Navy from July 1977 to October 1979. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a Department of Veterans Affairs (VA) Agency of Original Jurisdiction (AOJ) rating decision dated in March 2015. Entitlement to a compensable rating for bilateral hearing loss is remanded. The Veteran seeks entitlement to a compensable rating for his bilateral hearing loss on an extraschedular basis. The Veteran asserts that his physical disability and limitations were not being reflected accurately in the schedular rating because of the impact of his hearing loss in his occupation. In February 2021, the Veteran testified that he currently worked as an insurance agent, which required him to speak on the telephone primarily and regularly with his customers; however, due to his bilateral hearing loss he had difficulty understanding his clients. See also August 2015 Correspondence and October 2015 Representative statement. In Thun v. Peake, 22 Vet. App. 111, 115 (2008), the United States Court of Appeals for Veterans Claims (Court) set out a three-part test, based on the language of 38 C.F.R. § 3.321(b)(1), for determining whether a Veteran is entitled to an extraschedular rating: (1) the established schedular criteria must be inadequate to describe the severity and symptoms of the claimant’s disability; (2) the case must present other indicia of an exceptional or unusual disability picture, such as marked interference with employment or frequent periods of hospitalization; and (3) the award of an extraschedular disability rating must be in the interest of justice. Thun v. Peake, 22 Vet. App. 111 (2008), aff’d, Thun v. Shinseki, 572 F.3d 1366 (Fed. Cir. 2009). The Veteran was afforded VA examinations in March 2015, August 2015, and October 2020. The examiners noted that the Veteran’s hearing loss impacted ordinary conditions of daily life, including the ability to work. The record reflects functional impairment due to bilateral hearing loss which may not be contemplated by the rating criteria. The Veteran’s hearing loss is rated noncompensable on a schedular basis, under 38 C.F.R. § 4.85. Ratings for hearing impairment are derived by the mechanical application of the Rating Schedule to the appropriate numeric designations assigned after audiometric evaluations are rendered. Lendenmann v. Principi, 3 Vet. App. 345, 349 (1992). Using Table VI of the applicable rating criteria, the Veteran had, at worst a numeric designation of Level I for his right ear and a numeric designation of Level I for his left ear throughout the entire period on appeal. However, based on the overall record including the Veteran’s testimony, the Board finds that this appeal should be referred to VA’s Under Secretary for Benefits or Director of Compensation Service for consideration of the assignment of an extraschedular rating. The matters are REMANDED for the following action: Refer the Veteran’s claim of entitlement to a compensable rating for bilateral hearing loss to the Director, Compensation Service, for extraschedular consideration pursuant to 38 C.F.R. § 3.321(b)(1). A copy of the Director’s decision on this claim must be included in the file. S. L. Kennedy Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board G. Johnson 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.