Citation Nr: 21039810 Decision Date: 07/01/21 Archive Date: 07/01/21 DOCKET NO. 14-34 479 DATE: July 1, 2021 ORDER An initial rating in excess of 10 percent for bilateral hearing loss is denied. FINDING OF FACT The Veteran's hearing impairment is not worse than level II in the right ear or level V in the left ear. CONCLUSION OF LAW The criteria for an initial rating in excess of 10 percent for bilateral hearing loss have not been met. 38 U.S.C. § 1155; 38 C.F.R. §§ 4.85, 4.86, Diagnostic Code 6100. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the Army from May 1968 to December 1969. The Veteran's appeal seeking a compensable rating for his bilateral hearing loss was remanded by the Board for further development in April 2018 in light of the Veteran's report of worsening of the disability. In an October 2020 rating decision, the RO increased the rating to 10 percent, effective August 23, 2012, the date of his claim and the effective date of service connection. 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 pure tone audiometry test. Examinations will be conducted without the use of hearing aids. 38 C.F.R. § 4.85(a). In evaluating 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, 349 (1992). Hearing loss disability evaluations range from noncompensable to 100 percent based on organic impairment of hearing acuity. Generally, the evaluation is determined after consideration of controlled speech discrimination ability and average hearing threshold, as measured by pure tone audiometric tests in the frequencies 1,000, 2,000, 3,000 and 4,000 cycles per second (Hz). If, however, an examiner certifies that use of the speech discrimination test is not appropriate because of language difficulties, inconsistent speech discrimination scores, etc., the evaluation will be based solely on the pure tone threshold average. 38 C.F.R. § 4.85(c). The evaluation can be based on the pure tone threshold average and speech discrimination ability or solely on pure tone threshold average if the evidence demonstrates the existence of exceptional patterns of hearing impairment, as defined by 38 C.F.R. § 4.86. An August 2013 VA examination record reveals the Veteran's history of missing conversations with family and having to ask people to look at him and repeat things when they speak to him. Audiometric testing revealed pure tone thresholds, in decibels, as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 35 30 35 45 60 LEFT 60 45 50 65 65 Speech audiometry revealed speech recognition ability of 100 percent in the right ear and 84 percent in the left ear. The VA audiometric findings reflect level I in the right ear and II in the left ear. These designations in combination correspond to a noncompensable rating. 38 C.F.R. § 4.85, Table VII. A January 2014 private audiogram indicates that the speech audiometry was conducted with the "IB" word list and not the required word list (i.e. the Maryland CNC). Thus, the testing is not adequate for rating purposes. A September 2016 private audiogram indicates that the speech audiometry was conducted with the NU-6 word list and not the required word list (i.e. the Maryland CNC). Thus, the testing is not adequate for rating purposes. A December 2019 VA audiology record indicates that the speech audiometry was conducted with the W22 word list and not the required word list (i.e. the Maryland CNC). Thus, the testing is not adequate for rating purposes. An October 2020 VA examination record reveals the Veteran's history that he cannot understand speech in his daily and occupational work environment. Audiometric testing revealed pure tone thresholds, in decibels, as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 40 45 50 70 70 LEFT 55 45 65 70 70 Speech audiometry revealed speech recognition ability of 100 percent in the right ear and 72 percent in the left ear. The VA audiometric findings reflect level II in the right ear and V in the left ear. These designations in combination correspond to a 10 percent rating. 38 C.F.R. § 4.85, Table VII. The schedular criteria for a rating in excess of 10 percent have not been met at any time during the appeal period. The adequate examination results consistently show that the Veteran does not have sufficient hearing impairment to warrant a rating in excess of 10 percent. In reaching this determination, the Board has considered the Veteran's statements regarding his hearing loss, including the reported impact of his hearing impairment. The Veteran is competent to report his symptoms and describe the impairment associated with his hearing loss. However, none of his statements provides the specific information required for rating purposes. The assignment of disability ratings for hearing impairment are derived by a mechanical application of the Rating Schedule to the numeric designations based on the audiology examination results. See Lendenmann, 3 Vet. App. at 349. Consequently, the evidence does not support a disability rating in excess of 10 percent for the Veteran's bilateral hearing loss. 38 C.F.R. § 4.3. STEVEN D. REISS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Snyder, 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.