BVA9501559 DOCKET NO. 93-11 720 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Waco, Texas THE ISSUE Entitlement to increased evaluation for service connected defective hearing. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD M. Reynolds, Associate Counsel INTRODUCTION The veteran served on active duty from July 1981 to October 1985. This appeal arises from a rating decision of January 1992 from the Waco, Texas, Regional Office (RO). CONTENTIONS OF APPELLANT ON APPEAL The veteran contends, in essence, that the RO erred when it denied him a compen-sable evaluation for his service-connected defective hearing. He specifically alleges that his ability to hear has deteriorated as a result of his active service. 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(s). 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 his claim for increased rating for defective hearing. FINDINGS OF FACT 1. All evidence necessary for an equitable disposition of the veteran's claim has been developed. 2. The veteran's defective hearing is manifested primarily by a pure tone decibel loss of 35 in the right ear and 33 in the left ear, and a speech recognition score of 84 percent for the right ear and 86 percent for the left ear. 3. Neither an exceptional nor unusual disability picture has been presented that would render impractical application of the regular schedular standards. CONCLUSION OF LAW The criteria for an increased rating for defective hearing are not been met. 38 U.S.C.A. § 1155 (West 1991); 38 C.F.R. § 3.321(b)(1), Part 4 Diagnostic Code 6110 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION Initially, the Board finds that the veteran's claim is "well grounded" within the meaning of 38 U.S.C.A. § 5107(a) (West 1991); that is, he has presented a claim that is plausible. He has not alleged that any records of probative value that may be associated with his claims folder and which have not already been sought are available. The Board accordingly finds that the duty to assist him, mandated by 38 U.S.C.A. § 5107(a) (West 1991), has been satisfied. Service connection for a disability identified as bilateral hearing loss was granted by means of a rating decision of July 1990. A zero percent rating was assigned for this disability since the evidence did not show sufficient hearing loss to warrant a compensable evaluation. As indicated above, the veteran currently contends that his disability is of such severity as to warrant compensation. After a review of the record, however, the Board finds that his contentions are not supported by the evidence, and that his claim fails. The report of examination for organic hearing loss dated in September 1992 reveals that the veteran's average puretone threshold was 35 for the right ear and 33 for the left ear. His speech recognition score was evaluated as 84 for the right ear and 86 for the left ear. The severity of defective hearing is ascertained, for VA rating purposes, by application of the criteria set forth in Diagnostic Code 6100 of the VA's Schedule for Rating Disabilities (Schedule). Under these criteria, the veteran's disability is considered to be noncompensable. However, notwithstanding the fact that a noncompensable evaluation is assigned for the veteran's disability, a compensable evaluation can still be assigned if it is found that the standards set forth at 38 C.F.R. 3.321(b)(1) (1993) are satisfied. Under these provisions, a rating in excess of the currently assigned rating is warranted upon a finding that "the case presents such an exceptional or unusual disability picture with such related factors as marked interference with employment or frequent periods of hospitalization as to render impractical the application of the regular schedular standards." 38 C.F.R. § 3.321(b)(1) (1993). The Board does not find that the veteran's disability is of such a nature and severity as to "render impractical the application of the regular schedular standards." The Board notes that the veteran has stated that he has attempted on many occasions to be re-admitted into the military, but has been denied because of his inability to pass the hearing examination. However, the Board is of the opinion that this fact, in and of itself, is insufficient to demonstrate a marked interference with employment. Additionally, the veteran does not contend, nor does the record reflect that he has been unable to procure employment as a result of his hearing loss disability. The Board must therefore conclude that the preponderance of the evidence is against his claim for a compensable evaluation for defective hearing. 38 U.S.C.A. § 1155 (West 1991); 38 C.F.R. § 3.321(b)(1), Part 4, § 4.14; § 4.85, Diagnostic Code 6100 (1993). ORDER A compensable evaluation for defective hearing is denied. LAWRENCE M. SULLIVAN 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.