BVA9508411 DOCKET NO. 92-01 140 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Fort Harrison, Montana THE ISSUE Entitlement to an increased (compensable) rating for hearing loss disability left ear. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD T. Reichelderfer, Associate Counsel INTRODUCTION The veteran served on active duty from January 1969 to December 1971. This case arises from a rating decision of January 1991 from the Fort Harrison, Montana, Regional Office (RO). This case was previously remanded to the RO for additional adjudication after the Board of Veterans' Appeals (Board) determined that a claim for service connection for tinnitus had been reopened. A rating decision, dated in June 1993, granted service connection for tinnitus and removed that issue from further consideration. Similarly, the issue of entitlement to an increased evaluation for a punji stake wound was resolved in favor of the appellant. 38 C.F.R. § 19.38 (1994). CONTENTIONS OF APPELLANT ON APPEAL It is contended that hearing loss is more severe because of tinnitus. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the preponderance of the evidence is against the claim for an increased evaluation for left ear hearing loss disability. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the appeal has been obtained. 2. Hearing loss disability on the left is manifested by an average pure tone threshold of 61 decibels on the left. Discrimination ability is 96 percent correct on the left. The veteran is not totally deaf in both ears. CONCLUSION OF LAW Left ear hearing loss disability is no more than 0 percent disabling. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. §§ 3.321, 4.7, Part 4, Code 6100 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran's claim for an increased rating is well grounded within the meaning of 38 U.S.C.A. § 5107 (West 1991). We find that he has presented a claim that is plausible. We are satisfied that all relevant facts have been properly developed. There is no indication of outstanding additional evidence. No further assistance to the veteran is required to comply with the duty to assist the veteran mandated by 38 U.S.C.A. § 5107. The Board notes that the veteran's contention was to the effect that his hearing was worse because of tinnitus. Based upon the Remand by the Board, service connection for tinnitus was granted. Although the veteran did not question the results of the audiometric examination, the Board shall proceed with the appeal. Disability evaluations are based upon average impairment of earning capacity as contemplated by a schedule for rating disabilities. 38 U.S.C.A. § 1155 (West 1991); 38 C.F.R. Part 4 (1994). Evaluations of bilateral defective hearing range from noncompensable to 100 percent based on organic impairment of hearing acuity as measured by the results of controlled speech discrimination tests together with the average hearing threshold level as measured by pure tone audiometry tests in the frequencies 1000, 2000, 3000 and 4000 cycles per second. The rating schedule establishes 11 auditory acuity levels designated from level I for essentially normal acuity through level XI for profound deafness. 38 C.F.R. Part 4 Code 6100-6110 (1994). Evaluations for unilateral hearing loss disability range from noncompensable to 10 percent. The United States Court of Veterans appeals has noted that the assignment of disability ratings for hearing impairment are derived at by a mechanical application of the numeric designations assigned after audiometric evaluations are rendered. Lendenmann v. Principi, 3 Vet.App. 345, 349 (1992). On the authorized audiological evaluation in July 1991, pure tone thresholds in pertinent frequencies, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT --- --- --- --- --- LEFT --- 25 70 75 80 Speech audiometry revealed speech recognition ability of 96 percent in the left ear. On the authorized audiological evaluation in July 1993, pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT --- --- --- --- --- LEFT --- 20 70 75 80 Speech audiometry revealed speech recognition ability of 96 percent in the left ear. In this case, the numeric designations produce a 0 percent disability evaluation 38 C.F.R. Part 4 Code 6100 (1994). Because service connection is in effect for only the left ear, the impairment due to the right ear may not be considered in the evaluation of the claim. 38 C.F.R. § 4.14 (1994). There is no evidence that the hearing loss disability has resulted in frequent periods of hospitalization or marked interference with employment. 38 C.F.R. § 3.321 (1994). We conclude that there is no conflict in the evidence. however, the preponderance of the evidence is against the claim, and an increased evaluation is not warranted. 38 U.S.C.A. § 5107, Lendenmann, at 349. ORDER An increased evaluation for left ear hearing loss disability is denied. H. N. SCHWARTZ Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.