BVA9503704 DOCKET NO. 93-07 242 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Providence, Rhode Island THE ISSUE Entitlement to an increased (compensable) rating for bilateral defective hearing. REPRESENTATION Appellant represented by: Disabled American Veterans INTRODUCTION The veteran served on active duty from June 1941 to July 1945. This matter comes before the Board on appeal of a April 1992 rating action of the Providence, Rhode Island Regional Office (RO) of the Department of Veterans Affairs (VA) that denied an increased (compensable) rating for bilateral defective hearing. In the informal hearing presentation of June 1993, it appears that the representative may be raising an issue of entitlement to service connection for tinnitus. The matter should be clarified by the RO and they should proceed appropriately. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends through his representative that recent VA outpatient treatment records and the VA examination in March 1992 show an increased severity of his hearing loss and that a reasonable basis is presented for granting the benefit on appeal. 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 the claim for an increased (compensable) rating for bilateral defective hearing. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the appeal has been obtained. 2. The veterans bilateral hearing loss is manifested by average pure tone thresholds at 1,000, 2,000, 3,000 and 4,000 Hertz (Hz), of 31 in the right ear and 33 in the left ear and by speech discrimination scores of 96 percent in the right ear and 94 percent in the left ear; he loss level I hearing in each ear. CONCLUSION OF LAW 1. The VA has no further duty to assist the veteran. 38 U.S.C.A. § 5107(a) (West 1991); 38 C.F.R. §§ 3.103(a), 3.159 (1993). 2. An increased (compensable) evaluation for bilateral hearing loss is not warranted. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. §§ 3.321(b), 4.85, 4.87, Tables VI and VII, and Part 4, Code 6100 (1993). REASONS AND BASES FOR FINDINGS AND CONCLUSION 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, we find that he has presented a claim which is not implausible. We are also satisfied that all relevant facts have been properly developed. No further assistance to the veteran is required to comply with the duty to assist mandated by 38 U.S.C.A. § 5107(a) (West 1991) and 38 C.F.R. §§ 3.103(a) and 3.159 (1993). Evaluations for hearing loss are determined by using the results of controlled speech discrimination tests and the results of the pure tone audiometry test, and applying them to a table (Table VI) of numeric designation of hearing impairment. 38 C.F.R. § 4.85 (1993). The resulting numeric designations, ranging from I to XI, are then applied to Table VII to determine the percentage evaluation to be assigned for hearing loss. The service-connected bilateral defective hearing has been evaluated as non compensable since July 1967. In March 1980 the RO denied service connection for otitis media in the right ear and perforation of the right tympanic membrane with tympanoplasty. There was no notice of disagreement with that determination. The current claim for an increased rating for bilateral defective hearing was received in January 1992. VA outpatient treatment records from 1990 to 1992 deal with treatment of disorders other than bilateral defective hearing. In May 1991, there was a reference to the right ear pathology for which service connection was denied in March 1980. The record reflects that the veteran's most recent VA audiological examination was conducted in March 1992. According to the report, the veteran experienced bilateral sensorineural hearing loss. Audiometric examination of the right ear revealed that pure tone thresholds at 1,000, 2,000 3,000 and 4,000 Hertz were 30, 20, 30, and 45 decibels, respectively, for an average decibel loss of 31. Corresponding frequencies in the left ear were 15, 20, 40, and 55 for an average decibel loss of 33. Speech recognition scores on the Maryland - CNC Word list were 96 percent for the right ear and 94 percent for the left ear. Applying these audiometric findings to Table VI, the numeric designation for his right ear is I; for his left, I. Application of these numeric designations to Table VII indicates that the veteran's bilateral hearing loss does not warrant a compensable rating. 38 C.F.R. Part 4, Code 6100 (1993). The United States Court of Veterans Appeals (Court) has noted that assignment of disability ratings for hearing impairment are derived by the mechanical application of the rating schedule to the numeric designations assigned after audiometric evaluations are rendered. The Court found no error on the part of the VA or the Board in applying the rating schedule to the results of an audiometric examination. Lendenmann v. Principi, 3 Vet.App. 345 (1992). Inasmuch as there is no indication in the record that the service-connected bilateral defective hearing results in frequent periods of hospitalization or marked interference with employability, there is no basis for assignment of a higher rating on an extra schedular basis. 38 C.F.R. § 3.321(b) (1993). ORDER An increased (compensable) rating for bilateral defective hearing is denied. BRUCE E. HYMAN 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.