Citation Nr: 21025785 Decision Date: 04/29/21 Archive Date: 04/29/21 DOCKET NO. 15-41 053A DATE: April 29, 2021 ORDER Entitlement to a compensable evaluation for service-connected bilateral hearing loss is denied. FINDING OF FACT Throughout the period on appeal, the Veteran’s hearing impairment has been no worse than Level I in the right ear and Level IV in the left ear. CONCLUSION OF LAW The criteria for a compensable disability rating bilateral hearing loss have not been met through the appeal period. 38 U.S.C. § 1155; 38 C.F.R. § 4.85, Diagnostic Code 6100. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from August 1982 to August 1988. This matter comes before the Board of Veterans’ Appeals (Board) from an August 2013 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). In May 2017, the Veteran died; his surviving mother has been recognized as the properly substituted claimant in this appeal, and she is the appellant. The matter was remanded by the Board in November 2018, May 2020, and February 2021 for additional development and has now returned for further appellate review. The Board notes that in the August 2013 rating decision on appeal, the RO denied the Veteran’s claim to reopen the issue of entitlement to service connection for right ear hearing loss. The Veteran appealed this determination. Subsequently, service connection was granted for right ear hearing loss in a March 2021 rating decision. The Board finds that this constitutes a full grant of the benefit sought, and as such, the issue is no longer in appellate status. Increased Ratings Disability evaluations are determined by the application of the VA’s Schedule for Rating Disabilities (Rating Schedule), 38 C.F.R. Part 4. The percentage ratings contained in the Rating Schedule represent, as far as can be practicably determined, the average impairment in earning capacity resulting from diseases and injuries incurred or aggravated during military service and their residual conditions in civil occupations. 38 U.S.C. § 1155; 38 C.F.R. §§ 3.321(a), 4.1. Disability ratings for hearing loss disability are derived from mechanical application of the rating schedule to the numeric designations resulting from audiometric testing. See Lendenmann v. Principi, 3 Vet. App. 345 (1992). The rating schedule establishes 11 auditory hearing acuity levels based upon average puretone thresholds and speech discrimination. See 38 C.F.R. § 4.85. An examination for hearing impairment for VA purposes must be conducted by a state-licensed audiologist and must include a controlled speech discrimination test (Maryland CNC) and a puretone audiometry test. Examinations will be conducted without the use of hearing aids. 38 C.F.R. § 4.85 (a). 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 (horizontal rows) and the puretone threshold average (vertical columns). The Roman numeral designation is located at the point where the row and column intersect. 38 C.F.R. § 4.85 (b). Table VIa, “Numeric Designation of Hearing Impairment Based Only on Puretone Threshold Average,” is used to determine a Roman numeral designation (I through XI) for hearing impairment based only on puretone threshold average. Table VIa is used when the examiner certifies that the use of the speech discrimination test is not appropriate due to language difficulties, inconsistent speech discrimination scores, etc., or when indicated under the provisions of § 4.86. 38 C.F.R. § 4.85(c). “Puretone threshold average” as used in Tables VI and VIa is the sum of the puretone thresholds at 1000, 2000, 3000 and 4000 Hertz and divided by four. This average is used in all cases (including those of § 4.86) to determine a Roman numeral designation from Tables VI and VIa. 38 C.F.R. § 4.85(d). Table VII, “Percentage Evaluations of Hearing Impairment,” is used to determine the percentage evaluation by combining the Roman numeral designations for hearing impairment in each ear. The horizontal rows represent the ear having better hearing and the vertical columns represent the ear having the poorer hearing. The percentage evaluation is located at the point where the row and the column intersect. 38 C.F.R. § 4.85(e). Provisions for evaluating exceptional patterns of hearing impairment are as follows: (a) 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. (b) When the puretone thresholds are 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; the numeral will then be elevated to the next higher Roman numeral. Each ear will be evaluated separately. 38 C.F.R. § 4.86. Entitlement to a compensable evaluation for service-connected bilateral hearing loss The Veteran was initially granted noncompensable evaluations for his bilateral hearing loss in rating decisions dated January 1991 and March 2021. VA received the Veteran’s claim for an increased rating for left ear hearing loss in October 2012. A review of the record indicates that the Veteran failed to appear for his scheduled audiological examination in July 2013. However, VA treatment records show that the Veteran underwent audiological treatment in 2016 which included audiometric testing. The Veteran’s VA treatment records from August 2016 revealed the following findings: HERTZ 500 1000 2000 3000 4000 RIGHT 35 35 30 50 65 LEFT 35 35 65 80 75 The Veteran’s speech discrimination scores at that time measured 100 percent with the right ear and 88 percent with the left ear. The Veteran’s average threshold was 45 Hz in the right ear and 63 Hz in the left ear. The Veteran’s VA treatment records from July 2016 revealed that the Veteran’s hearing loss measured as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 35 35 15 20 40 LEFT 30 30 N/A N/A N/A The Veteran’s July 2016 speech discrimination scores measured 100 percent with the right ear and 76 percent with the left ear. The Veteran’s average threshold was 28 Hz in the right ear, however the left ear was unable to be measured in all thresholds during this exam. Applying the values above to Table VI results in a Level I Roman numeral designation for the right ear and a Level IV Roman numeral designation for the left ear. Application of these Roman numeral designations to Table VII results in a 0 percent rating. (Continued on next page) As the evidence of record does not show that the Veteran experienced hearing loss to a compensable degree for VA purposes, the Board finds that he was not entitled to a compensable rating. Accordingly, the claim is denied. T. REYNOLDS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board D. Gorum, 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.