BVA9502373 DOCKET NO. 93-09 257 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Montgomery, Alabama THE ISSUE Entitlement to an increased (compensable) evaluation for bilateral sensorineural hearing loss. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Ronald R. Bosch, Counsel INTRODUCTION The veteran served on active duty from October 1951 to November 1960 and from July 1962 to October 1972. This appeal arose from an April 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Montgomery, Alabama. The RO denied entitlement to an increased (compensable) evaluation for bilateral sensorineural hearing loss. The case has been certified to the Board of Veterans' Appeals (Board) for appellate review. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that his bilateral hearing loss is sufficiently disabling as to warrant a grant of an increased (compensable) evaluation. 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 a grant of an increased (compensable) evaluation for bilateral sensorineural hearing loss. FINDINGS OF FACT 1. A February 1992 VA audiology examination disclosed right sensorineural hearing loss was manifested by pure tone thresholds of 25, 25, 50, and 70 decibels with an average of 43 decibels at 1000, 2000, 3000, and 4000 hertz with a speech discrimination ability of 88 percent. 2. A February 1992 VA audiology examination disclosed left sensorineural hearing loss was manifested by pure tone thresholds of 25, 30, 55, and 90 decibels with an average of 50 decibels at 1000, 2000, 3000, and 4000 hertz with a speech discrimination of 90 percent. 3. An April 1992 VA audiology examination disclosed right sensorineural hearing loss was manifested by 25, 30, 50, and 90 decibels with an average of 47 decibels at 1000, 2000, 3000, and 4000 hertz with a speech discrimination of 92 percent. 4. An April 1992 VA audiology examination disclosed left sensorineural hearing loss was manifested by 25, 30, 50, and 70 decibels with an average of 43 decibels at 1000, 2000, 3000, and 4000 hertz with a discrimination ability of 90 percent. CONCLUSION OF LAW The schedular requirements for an increased (compensable) evaluation for bilateral sensorineural hearing loss have not been met. 38 U.S.C.A. §§ 1155, 5107 (West 1991); 38 C.F.R. §§ 3.321(b)(1), 4.7, 4.85, Diagnostic Code 6100 (1994). 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), in that it is at least plausible that his bilateral sensorineural hearing loss has increased in severity. The Board is satisfied that all relevant facts have been properly developed, and that no further assistance to the veteran is required in order to comply with 38 U.S.C.A. § 5107(a). In accordance with 38 C.F.R. §§ 4.1 and 4.2, and Schafrath v. Derwinski, 1 Vet.App. 589 (1991), the Board has reviewed the service medical records and all other evidence of record pertaining to the history of the veteran's bilateral sensorineural hearing loss. The Board has found nothing in the historical record which would lead to a conclusion that the current evidence of record is inadequate for rating purposes. A review of the service medical records discloses that audiometric studies conducted during service disclosed bilateral defective hearing. The audiology examination conducted at separation from service showed a bilateral high frequency hearing loss. A December 1983 VA audiology examination disclosed right hearing loss manifested by 5, 5, 35, and 60 decibels with an average of 28 decibels at 1000, 2000, 3000, and 4000 hertz with a speech discrimination ability of 96 percent. Left defective hearing was manifested by 5, 0, 45, and 90 decibels with an average of 35 decibels at 1000, 2000, 3000, and 4000 hertz with a speech discrimination ability of 96 percent. The certified speech reception examination report shows a speech reception threshold of 8 decibels in the right ear and 4 decibels in the left ear with a speech discrimination ability of 96 percent bilaterally. The RO granted entitlement to service connection for bilateral high frequency hearing loss which was assigned a noncompensable evaluation when it issued a rating decision in January 1984. In a November 1984 decision, the Board of Veterans' Appeals determined that the schedular criteria for an increased (compensable) evaluation for bilateral hearing loss had not been met. At a February 1992 VA audiology examination, right defective hearing was manifested by 25, 25, 50, and 70 decibels with an average of 43 decibels at 1000, 2000, 3000, and 4000 hertz with a speech discrimination ability of 88 percent. Left defective hearing was manifested by 25, 30, 55, and 90 decibels with an average of 50 decibels at 1000, 2000, 3000, and 4000 hertz with a speech discrimination ability of 90 percent. The examiner diagnosed a mild to profound mixed hearing loss which was fully sensorineural above 3000 hertz in the right ear. The examiner diagnosed a mild to moderate mixed hearing loss to 2000 hertz with a moderate to profound sensorineural hearing loss above 2000 hertz in the left ear. At an April 1992 VA audiology examination, right defective hearing was manifested by 25, 30, 50, and 90 decibels with an average of 47 decibels at 1000, 2000, 3000, and 4000 hertz with a speech discrimination ability of 92 percent. Left defective hearing was manifested by 25, 30, 50, and 70 decibels with an average of 43 decibels at 1000, 2000, 3000, and 4000 hertz with a speech discrimination ability of 90 percent. The Board does not doubt that the veteran is sincere in his belief that his bilateral hearing loss is more disabling than currently evaluated and should warrant a grant of an increased (compensable) evaluation. However, two fairly recent VA audiology examinations have been consistent in showing that while his bilateral hearing loss is significant, it is not sufficiently disabling as to permit a grant of an increased (compensable) evaluation with application of pertinent governing schedular criteria. The February 1992 VA examination disclosed that right defective hearing was manifested by an average loss of 43 decibels with an speech discrimination ability of 88 percent and that left defective hearing was manifested by an average loss of 50 decibels with a speech discrimination ability of 90 percent. These audiometric findings result in a numeric designation of II for each ear on Table VI of 38 C.F.R. § 4.85 of the VA Schedule for Rating Disabilities. The numeric designations of II for each ear equate to a noncompensable evaluation of 0 percent under diagnostic code 6100 on Table VII. A similar situation exists with respect to the audiometric studies obtained in April 1992 by VA. However, the audiometric values obtained for the right ear resulted in a numeric designation of I, and for the left ear, a numeric designation of II on Table VI, still equating to a 0 percent evaluation under diagnostic code 6100 on Table VII. No question has been presented as to which of two or more evaluations would more properly classify the severity of bilateral sensorineural hearing loss. 38 C.F.R. § 4.7. Bilateral sensorineural hearing loss has not rendered the veteran's disability picture unusual or exceptional in nature, and has not markedly interfered with employment. It has not required frequent inpatient care as to render impractical the application of regular schedular standards, thereby precluding a grant of an increased (compensable) evaluation on an extraschedular basis. 38 C.F.R. § 3.321(b)(1). Two VA examinations of record have failed to substantiate the appellant's contention that his bilateral defective hearing has increased in severity as to warrant a grant of an increased (compensable) evaluation. For the forgoing reasons the Board finds no evidentiary basis upon which to predicate a grant of an increased (compensable) evaluation for bilateral sensorineural hearing loss. 38 U.S.C.A. §§ 1155, 5107; 38 C.F.R. §§ 3.321(b)(1), 4.7, 4.85, Diagnostic Code 6100. ORDER An increased (compensable) evaluation for bilateral sensorineural hearing loss is denied. ALBERT D. TUTERA 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.