BVA9504772 
DOCKET NO.  93-08 326     )       DATE
          )
          )

On appeal from the decision of the
Department of Veterans Affairs (VA) Regional Office (RO) in
Washington, DC

THE ISSUE

Entitlement to an increased (compensable) rating for defective
hearing of the left ear.

REPRESENTATION

Appellant represented by: Disabled American Veterans

ATTORNEY FOR THE BOARD

K. E. Harrison, Associate Counsel

INTRODUCTION

The veteran had active military service from August 1973 to
August 1976.  This matter comes before the Board of Veterans'
Appeals on appeal from a December 1990 decision by the RO.

CONTENTIONS OF APPELLANT ON APPEAL

The veteran contends that his service-connected hearing loss of
the left ear is productive of a greater impairment than reflected
by the noncompensable rating currently assigned.  He feels that
the recent VA examination was inadequate for the purpose of
rating his service-connected hearing loss.

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 a preponderance of the evidence is against the claim
for increase.

FINDINGS OF FACT

1.  The evidence required for proper adjudication of the issues
on appeal has been obtained.

2.  Service connection is in effect for hearing loss of the left
ear at a noncompensable rating.

3.  A VA audiological examination in September 1991 showed that
the pure tone thresholds in the four frequencies from 1,000 to
4,000 hertz averaged 35 decibels in the left ear with speech
recognition ability of 92 percent.  These findings correspond to
a numeric designation of I in the left ear.

CONCLUSION OF LAW

The criteria for a compensable rating for defective hearing of
the left ear are not met.  38 U.S.C.A. §§ 1155, 5107, 7104 (West
1991); 38 C.F.R. § 3.321, 4.85, Part 4, Code 6100 (1994).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

Background.  Service connection was granted for defective hearing
of the left ear in November 1979, and a noncompensable rating
was assigned, effective from June 13, 1979.

Analysis.  Under the law, the evaluation of the veteran's
service-connected defective hearing turns of the average tone
threshold at the specified frequencies and percentage of
discrimination in each ear, as compared with the criteria in the
rating schedule.  The criteria are established to provide an
accurate measurement of hearing impairment and appropriate
compensation to hearing disabled veterans.  While the veteran has
argued that the recent VA examination was inadequate for the
purpose of rating the severity of his service-connected
unilateral hearing loss, the Board finds no basis for the
assertions on its review of the record.  The test results were
certified by a specialist from the VA speech pathology clinic as
representing the best estimate of the veteran's organic hearing.

The noncompensable disability rating was upheld by an October
1991 rating decision.  That determination was based upon a VA
audiological examination in September 1991, which showed pure
tone thresholds of 5, 10, 0, and 10 decibels in the right ear and
40, 15, 25 and 60 decibels in the left ear at the frequencies of
1,000, 2,000, 3000 and 4000 hertz, respectively.  Speech
discrimination ability was 98 percent in the right ear and 92
percent in the left ear.  These findings are translatable to
numeric designations of I in each ear.  As properly assessed by
the RO in the October 1991 rating decision, these numeric
designations warrant a noncompensable evaluation under Diagnostic
Code 6100.  Under these circumstances, the Board finds that the
evidence is against the veteran's claim for a compensable rating
for defective hearing of the left ear.

The Board notes that there has been presented no basis for
consideration of the assignment of a compensable rating on an
extraschedular basis under 38 C.F.R. § 3.321 (1994).

ORDER

An increased rating for defective hearing of the left ear is
denied.

          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.