Citation Nr: 21025501 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 16-24 772 DATE: April 28, 2021 ORDER A compensable rating for bilateral hearing loss is denied. FINDING OF FACT Audiological testing of the Veteran’s hearing acuity in October 2015 and October 2020 when applied to Table VI and Table VII result in a noncompensable rating. CONCLUSION OF LAW The criteria for a compensable rating for bilateral hearing loss have not been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.383, 3.385, 4.85-4.87, Diagnostic Code 6100. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the United States Marines from August 1982 to March 2007. A May 2007 rating decision granted service connection for bilateral hearing loss with a noncompensable rating effective April 1, 2007. The Veteran filed an increased rating claim in January 2015, which was denied by a July 2015 rating decision. In March 2019, the Board remanded the claim for further development, including to obtain updated records and conduct a new VA examination by an otolaryngologist. Such developments have since been completed and the Board is satisfied that there has been substantial compliance with the remand directives. Increased Rating The Veteran’s bilateral hearing loss is rated under Diagnostic Code 6100. See 38 C.F.R. §§ 4.85, 4.86. In evaluating service-connected hearing loss, disability ratings are derived by a mechanical application of the rating schedule to the numeric designations assigned after audiometric evaluations are performed. See Lendenmann v. Principi, 3 Vet. App. 345, 349 (1992). 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 1,000, 2,000, 3,000, and 4,000 cycles per second. 38 C.F.R. § 4.85, Diagnostic Code 6100. To evaluate the degree of disability from service-connected bilateral hearing loss, the rating 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. VA audiometric examinations are conducted using a controlled speech discrimination test together with the results of a puretone audiometry test. The vertical lines in Table VI (in 38 C.F.R. § 4.85) represent nine categories of the percentage of discrimination based on the controlled speech discrimination test. The horizontal columns in Table VI represent nine categories of decibel loss based on the puretone audiometry test. The numeric designation of impaired hearing (Levels I through XI) is determined for each ear by intersecting the vertical row appropriate for the percentage of discrimination and the horizontal column appropriate to the puretone decibel loss. The percentage evaluation is found from Table VII (in 38 C.F.R. § 4.85) by intersecting the vertical column appropriate for the numeric designation for the ear having the better hearing acuity and the horizontal row appropriate to the numeric designation level for the ear having the poorer hearing acuity. When the puretone threshold at each of the four specified frequencies (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 puretone 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 October 2015, the Veteran underwent VA audiometric testing which showed the following results: Hertz 1000 2000 3000 4000 Avg. Maryland CNC Right 30 35 50 80 48.75 100% Left 55 50 60 80 61.25 98% Neither ear has puretone threshold disparity at 1000 Hertz and 2000 Hertz level as described by 38 C.F.R. § 4.86(b), nor has the decibel loss of 55 or more at each of the four specified frequencies (1000, 2000, 3000, and 4000 Hertz), therefore, Table VIa is not applicable here. Applying the results to Table VI, the findings yield a numeric designation of Level I for the right ear and Level II for the left ear. Applying these numbers to Table VII resulted in a 0 percent disability rating under Diagnostic Code 6100. In October 2020, the Veteran underwent a second VA examination pursuant to the Board’s remand, which revealed the following audiometric testing results: Hertz 1000 2000 3000 4000 Avg. Maryland CNC Right 35 30 55 75 48.75 100% Left 45 55 50 70 55 100% Neither ear has puretone threshold disparity at 1000 Hertz and 2000 Hertz level as described by 38 C.F.R. § 4.86(b), nor has the decibel loss of 55 or more at each of the four specified frequencies (1000, 2000, 3000, and 4000 Hertz), therefore, Table VIa is not applicable here. Applying the results to Table VI, the findings yield a numeric designation of Level I for the right ear and Level I for the left ear. Applying these numbers to Table VII resulted to a 0 percent disability rating under Diagnostic Code 6100. VA treatment records during the applicable appeal period do not show audiological testing results that were worse than the audiometric testing in October 2015 and October 2020 VA examinations. As the audiometric testing does not support a compensable rating under DC 6100, a compensable rating for the Veteran’s bilateral hearing loss is denied. (Continued on the next page)   Of note, in his substantive appeal to the Board (Form 9), Veteran indicated that in addition to his hearing loss, he has had other residual effects from the ear surgeries during service, such as chronic ear infections and abnormal ear bone or ear drum conditions. The Board noted that a May 2007 rating decision has denied service connection for residuals of ear surgeries (other than hearing loss) and this decision has become final. If the Veteran seeks to re-open this claim, he should file a claim to re-open the case with the Agency of Original Jurisdiction (AOJ). MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Jennifer M. Narvaez, 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.