HEARING LOSS

M. DONOHUE · 2026 · Case ID: A26040239

DENIED

Summary

The veteran, who served from November 1986 to September 1990, appeals the denial of a compensable rating for his service-connected left ear sensorineural hearing loss. The veteran contends his hearing loss is more severe than reflected by the current noncompensable rating. The Board reviewed the January 2023 VA hearing loss examination, which showed the veteran's left ear had a Maryland CNC Word List speech recognition score of 98 and pure tone thresholds averaging 30 decibels, resulting in a Level I designation for hearing impairment. The right ear also received a Level I designation. Applying these findings to the rating schedule (38 C.F.R. § 4.85, Tables VI and VII, Diagnostic Code 6100), the Board determined the results equate to a noncompensable disability rating. The Board acknowledged the veteran's lay testimony regarding functional impairment but noted that disability ratings for hearing loss are based on audiometric testing results. The veteran's claim that his hearing has worsened since the January 2023 examination was not supported by additional evidence in the record. The Board found the evidence weighed against a compensable rating, thus the benefit-of-the-doubt rule did not apply. Service connection for left ear sensorineural hearing loss with a compensable rating is denied.

Rationale

January 2023 VA examination results yielded Level I hearing impairment in the left ear.; Applying rating schedule to audiometric testing results equates to a noncompensable disability rating.; Lay testimony regarding functional impairment is contemplated by rating criteria but does not override audiometric findings.

Special Benefit

NO SPECIAL BENEFIT

Diagnostic Code

6100

Docket No.

250821-638435

Full Decision Text

Citation Nr: A26040239
Decision Date: 04/29/26 Archive Date: 04/29/26

DOCKET NO. 250821-638435
DATE: April 29, 2026

ORDER

A compensable rating for left ear sensorineural hearing loss is denied.

FINDING OF FACT

During the period on appeal, the Veteran's service-connected left ear sensorineural hearing loss has not manifested in worse than Level I hearing impairment.

CONCLUSION OF LAW

The criteria for an initial compensable disability rating for left ear sensorineural hearing loss have not been met. 38 U.S.C. §§ 1155, 5107(b); 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.85, 4.86, Diagnostic Code (DC) 6100.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from November 1986 to September 1990.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2025 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO).

In the August 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the direct review docket. Of note, the Veteran's August 2025 submission was found to be incomplete; however, he timely responded to a clarification letter with a complete November 2025 VA Form 10182, that continued to request the direct review docket.

Therefore, the Board may only consider the evidence of record at the time of the April 2025 RO decision on appeal. 38 C.F.R. § 20.301. Any evidence submitted after the RO decision on appeal cannot be considered by the Board. 38 C.F.R. §§ 20.300, 20.301, 20.801.

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a supplemental claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a supplemental claim are included with this decision.

As a final preliminary matter, the Board recognizes that on the Veteran's November 2025 VA Form 10182, he indicated a desire to appeal "my service connection for left ear sensorineural hearing loss granted on January 21, 2025 with an evaluation of 0%." See November 2025 VA Form 10182. However, the Veteran's left ear sensorineural hearing loss was not granted in the cited January 21, 2025 Board decision. Rather, it was granted with a noncompensable rating in the April 2025 RO decision noted above. As a result, the Board has favorably determined that the Veteran is seeking review of the April 2025 rating decision.

Increased Rating

Disability ratings are determined by applying the criteria set forth in the VA Schedule for Rating Disabilities, found in 38 C.F.R., Part 4. The rating schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of, or incident to military service. The ratings are intended to compensate, as far as can practicably be determined, the average impairment of earning capacity resulting from such diseases and injuries and their residual conditions in civilian occupations. 38 U.S.C. § 1155; 38 C.F.R. § 4.1. Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria for that rating. 38 C.F.R. § 4.7.

Where entitlement to compensation has already been established and an increase in the disability rating is at issue, the present level of disability is of primary importance. Francisco v. Brown, 7 Vet. App. 55, 58 (1994). In evaluating the severity of a particular disability, it is essential to consider its overall history. 38 C.F.R. § 4.1; Peyton v. Derwinski, 1 Vet. App. 282 (1991).

Except as otherwise provided by law, a claimant has the responsibility to present and support a claim for benefits. VA shall consider all information and lay and medical evidence of record in a case and when there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102.

A compensable rating for left ear sensorineural hearing loss is denied.

The Veteran is seeking a compensable rating for his left ear sensorineural hearing loss, that he generally contends is more severe than what is reflected by his current rating.

Diagnostic Criteria

Hearing loss is evaluated pursuant to 38 C.F.R. § 4.85, Tables VI and VII, Diagnostic Code 6100.

Evaluations of defective hearing range from noncompensable to 100 percent based on organic impairment of hearing acuity as measured by the results of a controlled Maryland CNC speech discrimination test together with the average hearing threshold level measured by pure tone audiometry tests in the frequencies of 1000, 2000, 3000, and 4000 cycles per second (Hertz). 38 C.F.R. § 4.85, Diagnostic Code 6100. To evaluate the degree of disability from service-connected hearing loss, the schedule establishes 11 auditory hearing acuity levels designated from Level I for essentially normal hearing acuity through Level XI for profound deafness. 38 C.F.R. § 4.85, Tables VI and VII.

An exceptional pattern of hearing impairment occurs when the pure tone threshold at each of the four specified frequencies (1000, 2000, 3000, and 4000 Hertz) is 55 decibels or more. 38 C.F.R. § 4.86(a). In that situation, the rating specialist will determine the Roman numeral designation for hearing impairment from either Table VI or Table VIA, whichever results in the higher numeral. Further, when the average pure tone threshold is 30 decibels or less at 1000 Hertz, and 70 decibels or more at 2000 Hertz, the rating specialist will determine the Roman numeral designation for hearing impairment from either Table VI or Table VIA, whichever results in the higher numeral, and that numeral will then be elevated to the next higher numeral. 38 C.F.R. § 4.86(b).

If, as in this case, impaired hearing is service-connected in only one ear, the law allows for compensation for hearing loss as if both ears were service-connected if the service-connected hearing loss is ratable as at least 10 percent disabling and the non-service-connected hearing loss meets the standard for a hearing loss disability for VA purposes under 38 C.F.R. § 3.385, unless the non-service-connected hearing loss is the result of the Veteran's willful misconduct. See 38 C.F.R. § 3.383. To determine the percentage evaluation from Table VII, the non-service-connected ear will be assigned a Roman Numeral designation for hearing impairment of I, subject to the provisions of 38 C.F.R. § 3.383. 38 C.F.R. § 4.85(f).

Analysis

Turning to the record, the Veteran was afforded a VA medical examination to evaluate his hearing loss in January 2023. During the examination, the Veteran reported functional impairment due to hearing loss that impacted his ability to hear during daily activities and conversations, particularly in noisy environments. See January 2023 VA Hearing Loss and Tinnitus Disability Benefits Questionnaire (DBQ). 38 C.F.R. § 4.10; Martinak v. Nicholson, 21 Vet. App. 447 (2007). On examination, the Veteran's Maryland CNC Word List speech recognition score and pure tone thresholds, in decibels, were as follows:

HERTZ

1000 2000 3000 4000 Avg CNC

RIGHT 30 25 25 30 27.5 98

LEFT 25 30 30 35 30 98

Applying the results to Table VI, the findings yield a numeric
, particularly in noisy environments. See January 2023 VA Hearing Loss and Tinnitus Disability Benefits Questionnaire (DBQ). 38 C.F.R. § 4.10; Martinak v. Nicholson, 21 Vet. App. 447 (2007). On examination, the Veteran's Maryland CNC Word List speech recognition score and pure tone thresholds, in decibels, were as follows:

HERTZ

1000 2000 3000 4000 Avg CNC

RIGHT 30 25 25 30 27.5 98

LEFT 25 30 30 35 30 98

Applying the results to Table VI, the findings yield a numeric designation of Level I in the left ear. With respect to the Veteran's right ear, the Board also assigned Level I hearing. See 38 C.F.R. §§ 4.85(f), 3.383, 3.385. Entering the resulting bilateral numeric designation of Level I for the left ear and Level I for the right ear to 38 C.F.R. § 4.85, Table VII, equates to a noncompensable disability rating under Diagnostic Code 6100. An exceptional pattern of hearing impairment under 38 C.F.R. § 4.86 has not been shown.

Based on the evidence above, the Board concludes that a compensable rating for the Veteran's left ear sensorineural hearing loss is not warranted.

In reaching this conclusion, the Board expressly acknowledges its consideration of the lay evidence of record while adjudicating this claim. The Veteran is competent to report difficulty hearing during conversations and daily activities; however, disability ratings for hearing loss are derived from a mechanical application of the rating schedule to the numeric designations resulting from audiometric testing. See Lendenmann v. Principi, 3 Vet. App. 345 (1992). Moreover, the rating criteria contemplate speech reception thresholds and the ability to hear spoken words on Maryland CNC testing; therefore, the functional impact that the Veteran describes, is contemplated by the rating criteria. Doucette v. Shulkin, 28 Vet. App. 366 (2017). Here, the Veteran's main complaint is reduced hearing acuity and clarity, which is what is contemplated in the rating assigned. See Rossy v. Shulkin, 29 Vet. App. 142, 145 (2017).

On a final note, the Board acknowledges that the record includes a statement from the Veteran that he believes his hearing has worsened since his January 2023 examination. However, the Board observes that this statement was submitted within the Veteran's November 2025 VA Form 10182, Notice of Disagreement. Notably, the Board has reviewed and considered the entirety of the record, and it does not contain any other lay or medical evidence to suggest that the Veteran's hearing has worsened following his January 2023 examination.

Under the modernized review system, which is applicable in this case, the Board is prohibited from remanding a claim for additional development, to include obtaining additional medical examinations, in the absence of a predecisional duty to assist error. See 38 C.F.R. § 20.802. Because the predecisional record, which is the record prior to the April 2025 rating decision on appeal, does not contain any evidence to suggest that the Veteran's left ear hearing loss had worsened following his January 2023 examination, there is no basis for the Board to request additional development in this case. As described in the introductory section above, should the Veteran have additional evidence to suggest a worsening of his condition, he may submit a supplemental claim application seeking review of this evidence.

As the probative evidence of record persuasively weighs against the assignment of a compensable rating for the Veteran's service connected left ear sensorineural hearing loss, the benefit-of-the-doubt rule does not apply and the Veteran's claim must unfortunately be denied. 38 U.S.C. § 5107(b); 38 C.F.R. §§ 4.3, 4.7; Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

M. Donohue

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board A. Todd; Associate Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.

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