BVA9501422 DOCKET NO. 91-18 004 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in New York, New York THE ISSUE Entitlement to an increased (compensable) evaluation for defective hearing of the right ear. REPRESENTATION Appellant represented by: New York Division of Veterans' Affairs ATTORNEY FOR THE BOARD W. H. Wetmore, Counsel INTRODUCTION The veteran served on active duty from September 1965 to July 1969. The Board of Veterans' Appeals (Board) received this case on appeal from a January 1990 RO rating decision. The Board remanded this case in June 1991 and May 1992. The RO granted service connection for chronic right ear infection in February 1994. Accordingly, the issue remaining for appellate consideration is that captioned on the front page of this decision. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that his defective hearing of the right ear has increased in severity. 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 supports the claim for increase and supports the assignment of a 10 percent rating for defective hearing of the right ear. FINDINGS OF FACT 1. The audiometric findings referable to the hearing acuity of the veteran's right ear at the time of his examination for acceptance into active duty currently translate to a numeric designation of IV. 2. The current findings referable to the hearing acuity of the veteran's right ear translate to a numeric designation of XI. CONCLUSION OF LAW A 10 percent evaluation for defective hearing of the right ear is warranted. 38 U.S.C.A. §§ 1155, 1160, 5107, 7104 (West 1991); 38 C.F.R. §§ 3.102, 3.322, 4.3, 4.85, 4.87 Diagnostic Code 6101 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION The Board finds the veteran's claim to be well grounded within the meaning of 38 U.S.C.A. § 5107 because it is plausible. Murphy v. Derwinski, 1 Vet.App. 78 (1991), Proscelle v. Derwinski, 2 Vet.App. 629 (1992). The Board is also satisfied that all relevant facts have been properly developed and there is no further assistance required in order to comply with § 5107. The service medical record shows that the veteran's auditory acuity, in decibels, was 36(51), 65(75), 55(65), 45(55), 45(50), and 35(45) for the right ear at 500, 1,000, 2,000, 3,000, 4,000, and 6,000 hertz, respectively, when examined for entry into service in September 1965. (The numbers in parenthesis represent a conversion from ASA to ISO units.) In March 1969, the veteran was determined to have no measurable hearing in the right ear. Since service connection is in effect for defective hearing of only the right ear and there is not total deafness in the left ear, hearing in that nonservice-connected ear is considered normal for rating purposes. 38 U.S.C.A. § 1160. Ratings for disabilities aggravated by service are determined by "deduct[ing] from the present degree of disability the degree, if ascertainable, of the disability existing at the time of entrance into active service, in terms of the rating schedule." 38 C.F.R. § 4.22 (1992). If the degree of disability at the time of entry is not ascertainable in terms of the schedule, "no deduction will be made." Ibid. Hensley v. Brown, 5 Vet.App. 155, 161 (1993). Based on the facts in this case, the degree of disability existing at the time of entrance into active service must be calculated in light of the current rating criteria. Those criteria, in the Board's view, allow for the application of a portion of the regulations which allows for evaluating defective hearing based solely on puretone averages. 38 C.F.R. § 4.85. Using the results of the entrance audiometric study in 1965, the veteran's defective hearing of the right ear would be assigned a numeric designation of IV which, in turn, would warrant the assignment of a no percent rating. Currently, his profound hearing loss would be assigned a numeric designation of XI and assigned a 10 percent evaluation based on testing in August 1991. Since no deduction for the preexisting loss is indicated at this time, the Board concludes that a 10 percent evaluation is in order. ORDER A 10 percent evaluation for defective hearing of the right ear is granted, subject to the law governing the assignment of an earlier effective date. . STEPHEN L. WILKINS 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.