Citation Nr: 21029757 Decision Date: 05/14/21 Archive Date: 05/14/21 DOCKET NO. 19-09 999 DATE: May 14, 2021 ORDER An increased disability rating for bilateral hearing loss, in excess of 0 percent from September 6, 2018, and in excess of 40 percent from January 27, 2021, is denied. FINDINGS OF FACT 1. For the rating period from September 6, 2018 to January 27, 2021, the bilateral hearing loss has been manifested by puretone threshold averages of 39 decibels in the right ear and 48 decibels in the left ear, and Maryland CNC speech discrimination scores of 78 percent in the right ear and 88 percent in the left ear. 2. For the rating period from January 27, 2021, the bilateral hearing loss has been manifested by puretone threshold averages of 71.25 decibels in the right ear and 70 decibels in the left ear, and Maryland CNC speech discrimination scores of 68 percent in the right ear and 54 percent in the left ear. CONCLUSIONS OF LAW 1. For the rating period on appeal from September 6, 2018 to January 27, 2021, the criteria for a disability rating in excess of 0 percent for the bilateral hearing loss have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.85, Diagnostic Code 6100, 4.86. 2. For the rating period on appeal from January 27, 2021, the criteria for a disability rating in excess of 40 percent for the bilateral hearing loss have not been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.2, 4.3, 4.7, 4.85, Diagnostic Code 6100, 4.86. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the Army during Peacetime from May 1960 to June 1963. The Veteran brought a claim for increased rating on September 6, 2018. An October 2018 rating decision denied an increased rating in excess of 0 percent. The Veteran filed a notice of disagreement in October 2018. The 0 percent rating was continued in the February 2019 statement of the case. In August 2020, the Board noted the Veteran's assertions of worsening of hearing loss since the October 2018 VA audiology examination, so remanded the issue for another audiology examination. VA complied with the remand order, increased the disability rating of the hearing loss to 40 percent for the period or "stage" from January 27, 2021, and issued a supplemental statement of the case (SSOC) in January 2021. Increased rating for bilateral hearing loss is denied. To evaluate the disability rating of hearing loss, VA has created a rating procedure outlined in 38 C.F.R. §§ 4.85 and 4.86. 38 C.F.R. Section 4.85 contains a number of tables used to evaluate the disability rating: Table VI compares puretone threshold averages with Maryland CNC speech discrimination scores to give each ear a numerical designation, Table VIa gives a numerical designation based on puretone threshold averages alone where speech discrimination scores are unavailable, and Table VII takes the numerical designations and outputs the relevant disability rating. Section 4.86(a) states that where 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. Section 4.86(b) states that 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. From September 6, 2018 to January 27, 2021 For the rating period on appeal from September 6, 2018 to January 27, 2021, the Veteran is in receipt of a 0 percent rating for the service-connected hearing loss, under Diagnostic Code (DC) 6100. A VA audiological examination in October 2018 showed that the puretone threshold levels in the frequencies of 1000, 2000, 3000 and 4000 Hz were 25, 35, 40, and 55 decibels in the right ear, and 25, 40, 60, and 65 decibels in the left ear. The Maryland CNC speech discrimination scores were 78 percent in the right ear and 88 percent in the left ear. Consequently, 38 C.F.R. § 4.85 Tables VI and VII apply. The puretone threshold levels yield puretone threshold averages of 39 decibels in the right ear and 48 decibels in the left ear. Applying these averages to the speech discrimination scores in Table VI yields numerical designations of III in the right ear and II in the left ear. Applying these designations to Table VII yields a disability rating of 0 percent. The exceptional hearing pattern provisions at 38 C.F.R. § 4.86 do not apply. For the period from September 6, 2018 to January 27, 2021, the bilateral hearing loss has been manifested by puretone threshold averages of 39 decibels in the right ear and 48 decibels in the left ear, and Maryland CNC speech discrimination scores of 78 percent in the right ear and 88 percent in the left ear. Accordingly, for this period, the criteria for an increased disability rating in excess of 0 percent for bilateral hearing loss are not met. 38 C.F.R. §§ 4.3, 4.7, 4.85. Rating the Hearing Loss from January 27, 2021 For the rating period on appeal from January 27, 2021, the Veteran is in receipt of a 40 percent rating for the service-connected hearing loss, under Diagnostic Code (DC) 6100. In accordance with the Board's remand instructions, VA provided another audiology examination in January 2021. The examination showed that the puretone threshold levels in the frequencies of 1000, 2000, 3000 and 4000 Hz were 60, 65, 75, and 85 decibels in the right ear, and 65, 65, 70, and 80 decibels in the left ear. The Maryland CNC speech discrimination scores were 68 percent in the right ear and 54 percent in the left ear. According to these scores, 38 C.F.R. § 4.86(a) applies. The puretone threshold levels yield puretone threshold averages of 71.25 decibels in the right ear and 70 decibels in the left ear. Applying these averages to the speech discrimination scores in Table VI yields numerical designations of VI in the right ear and VIII in the left ear; applying the averages to Table VIa yield numerical designations of VI in each ear. Applying 38 C.F.R. § 4.86(a) and the designations to Table VII yields a disability rating of 40 percent. (Continued on the next page) After a review of the evidence of record, the Board finds that, for the rating period on appeal from January 27, 2021, the bilateral hearing loss has been manifested by puretone threshold averages of 71.25 decibels in the right ear and 70 decibels in the left ear, and Maryland CNC speech discrimination scores of 68 percent in the right ear and 54 percent in the left ear. Accordingly, for the rating period from January 27, 2021, the criteria for an increased disability rating in excess of 40 percent for bilateral hearing loss are not met. 38 C.F.R. §§ 4.3, 4.7, 4.85, 4.86. J. PARKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Charles Plambeck 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.