Citation Nr: 21029970 Decision Date: 05/17/21 Archive Date: 05/17/21 DOCKET NO. 17-13 213 DATE: May 17, 2021 ORDER An initial compensable rating for bilateral hearing loss is denied. FINDINGS OF FACT 1. On August 30, 2014, the Veteran's bilateral hearing loss manifested at puretone threshold averages of 43 decibels in the right ear and 54 decibels in the left ear and manifested in speech discrimination scores of 94 percent in both ears. 2. On July 11, 2016, the Veteran's bilateral hearing loss manifested at puretone threshold averages of 43 decibels in the right ear and 54 decibels in the left ear and manifested in speech discrimination scores of 96 percent in both ears. 3. On February 17, 2021, the Veteran's bilateral hearing loss manifested at puretone threshold averages of 46 decibels in the right ear and 58 decibels in the left ear and manifested in speech discrimination scores of 96 percent in both ears. 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. §§ 4.1, 4.85. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from June 1987 to June 1989. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an October 2014 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In January 2021, the Board remanded the claim for an updated VA examination. That directive has been complied with, so the Board will now consider the merits of the claim. Dyment v. West, 13 Vet. App. 141, 14647 (1999); Stegall v. West, 11 Vet. App. 268, 271 (1998). The Veteran seeks an initial compensable rating for bilateral hearing loss. Disability evaluations (ratings) are determined by evaluating the extent to which a Veteran's service-connected disability adversely affects the Veteran's ability to function under the ordinary conditions of daily life, including employment, by comparing the symptomatology with the criteria set forth in the Schedule for Rating Disabilities (rating schedule). 38 U.S.C. § 1155; 38 C.F.R. §§ 4.1, 4.2, 4.10. Where a Veteran challenges the initial rating of a disability for which the Veteran has been granted service connection, the Board considers all evidence of severity since the effective date for the award of service connection. See Fenderson v. West, 12 Vet. App. 119 (1999). The Veteran's bilateral hearing loss is rated under Diagnostic Code (DC) 6100. 38 C.F.R. § 4.85. 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. Lendenmann v. Principi, 3 Vet. App. 345 (1992). Evaluations of bilateral hearing loss range from noncompensable to 100 percent based on an organic impairment of hearing acuity, as measured by controlled speech discrimination tests in conjunction with the average hearing threshold, which is measured by puretone audiometric tests in the frequencies of 1000, 2000, 3000, and 4000 cycles per second. The rating schedule establishes 11 auditory acuity levels designated from Level I for essentially normal hearing acuity through Level XI for profound deafness. VA audiological evaluations are conducted using a controlled speech discrimination test together with the results of puretone audiometry tests. The vertical line in Table VI (printed in 38 C.F.R. § 4.85) represents nine categories of the percentage of discrimination based on a controlled speech discrimination test. The horizonal 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 speech 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 for the numeric designation for the level for the ear having the poorer hearing acuity. Turning to the evidence, audiometric testing at an August 30, 2014 VA examination found the following results: 1000Hz 2000Hz 3000Hz 4000Hz Average Right 35dB 40dB 45dB 50dB 43dB Left 40dB 50dB 70dB 55dB 54dB Speech recognition testing using the Maryland CNC word list found speech discrimination scores of 94 percent both ears. Applying the rating schedule using the guidelines of 38 C.F.R. § 4.85 yields a Roman numeral designation of I for the right ear and I for the left ear. Combined, a final percentage of 0 results. 38 C.F.R. §§ 4.85(b), (e). Another VA examination was provided on July 11, 2016, with the following results: 1000Hz 2000Hz 3000Hz 4000Hz Average Right 35dB 40dB 45dB 50dB 43dB Left 40dB 55dB 60dB 60dB 54dB Speech recognition testing using the Maryland CNC word list found speech discrimination scores of 96 percent in both ears. Applying the rating schedule for this July 11, 2016 examination using the guidelines of 38 C.F.R. § 4.85 yields a Roman numeral designation of I for the right ear and I for the left ear. Combined, a final percentage of 0 again results. 38 C.F.R. §§ 4.85(b), (e). Though a record of December 2016 word recognition testing is available, the record did not indicate that testing was according to the Maryland CNC word list, nor did it contain a contemporaneous puretone audiometry test, both of which are required to be sufficient for rating purposes. 38 C.F.R. § 4.85(a). Pursuant to the Board's prior decision, a new VA examination was provided on February 17, 2021, with the following results: 1000Hz 2000Hz 3000Hz 4000Hz Average Right 40dB 45dB 45dB 55dB 46dB Left 45dB 50dB 70dB 65dB 58dB Speech recognition testing using the Maryland CNC word list found speech discrimination scores of 96 in both ears. Applying the rating schedule for the February 17, 2021 examination using the guidelines of 38 C.F.R. § 4.85 yields a Roman numeral designation of I for the right ear and I for the left ear. Combined, a final percentage of 0 results. 38 C.F.R. §§ 4.85(b), (e). Accordingly, because there is no evidence to support a compensable rating at any point during the appeal period, a higher rating unfortunately cannot be granted. The Board acknowledges the reports from the Veteran that he has a hard time conversing with others in his personal life and at his job. Difficulty hearing and the resulting effects, however, is the type of functional impairment contemplated by the rating criteria for hearing loss, and the Board is bound to apply these rating criteria in assigning the evaluation for such symptoms. Doucette v. Shulkin, 28 Vet. App. 366, 371 (2017). Accordingly, an initial compensable rating for bilateral hearing loss is denied. 38 C.F.R. § 4.85. K. Parakkal Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Davis, 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.