BVA9503239 DOCKET NO. 93-11 385 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Houston, Texas THE ISSUE Entitlement to an increased rating for bilateral hearing loss disability, currently evaluated as 10 percent disabling. REPRESENTATION Appellant represented by: The American Legion WITNESSES AT HEARING ON APPEAL Appellant and son INTRODUCTION The veteran had active service from September 3, 1935 to December 12, 1935, and from April 28, 1944 to July 10, 1944. This appeal is taken from a June 1992 Regional Office (RO) determination which confirmed and continued a 10 percent evaluation for bilateral hearing loss disability. CONTENTIONS OF APPELLANT ON APPEAL The veteran essentially contends that his hearing loss disability has worsened, and is more disabling than the current rating reflects. 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 an increased rating for bilateral hearing loss disability. FINDINGS OF FACT 1. All evidence necessary for an equitable adjudication of the issue on appeal has been obtained. 2. The veteran's bilateral hearing loss disability is manifested by an average pure tone threshold for the frequencies 1000, 2000, 3000, and 4000 hertz of 110 decibels in the right ear and 56 decibels in the left ear, with speech recognition ability nonascertainable in the right ear and 84 percent in the left ear. 3. The veteran has level II hearing in the left ear, and is considered to have level XI hearing in the right ear. 4. Neither an unusual nor exceptional disability picture has been demonstrated so as to render the schedular criteria inapplicable. CONCLUSION OF LAW The criteria for an evaluation in excess of 10 percent for bilateral hearing loss disability are not met. 38 U.S.C.A. § § 1155, 5107 (West 1991); 38 C.F.R. Part 4, Diagnostic Code 6101 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION 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 asserted that any records of probative value that may be obtained and which are not already associated with his claims folder are available. Accordingly, the Board finds that all relevant facts have been properly developed, and that the duty to assist him, mandated by 38 U.S.C.A. § 5107(a) (West 1991), has been satisfied. Service connection for bilateral hearing loss disability was established by a RO determination in October 1944, and a 10 percent evaluation was assigned effective from July 11, l944. The 10 percent evaluation has been continued to date. Under the provisions of 38 C.F.R. § 4.85 (1993), and the VA Schedule for Rating Disabilities (Schedule) at 38 C.F.R. §4.87a (1993), evaluations of bilateral defective hearing range from noncompensable to 100 percent, based on the result of an audiological evaluation. The Schedule establishes 11 auditory acuity levels, ranging from Level I for essentially normal hearing through Level XI for profound deafness. 38 U.S.C.A. § 1155 (West 1991); 38 C.F.R. Part 4, §§ 4.85, 4.87a, Diagnostic Codes 6100 through 6110 (1993). VA outpatient treatment reports dated from July 1990 to January 1992 do not reflect evaluation or treatment of bilateral hearing loss disability. Sworn testimony provided at a RO hearing in November 1992 is essentially an elaboration on the previously mentioned contentions. The veteran underwent a VA audiological examination in May 1992. The report of the examination reveals that at 1000, 2000, 3000 and 4000 hertz, the veteran had an average pure tone threshold of 110 decibels in the right ear, and 56 decibels in the left ear. Speech discrimination ability was not discernible in the right ear. He had speech discrimination ability of 84 percent in the left ear. Pursuant to the provisions of 38 C.F.R. § § 4.85 and 4.87 the veteran is deemed to have level XI hearing in the right ear, and level II hearing in the left ear. This warrants the current 10 percent evaluation pursuant to Diagnostic Code 6101. 38 C.F.R. Part 4. The Board notes that the veteran has pointed out that he currently wears hearing aids. However, VA regulations provide for such circumstances, and stipulate that "[t]he evaluations derived from [the Schedule] are intended to make proper allowance for improvement by hearing aids." 38 C.F.R. § 4.86 (1993). Additionally, the Board does not find that this 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) (1991). ORDER An increased rating for bilateral hearing loss disability is denied. U. R. POWELL 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.