Challenge Question: It Should Not Be Hard, But...

[broncovet]

What is the hearing loss disability percentage for this claimant, given the following information?(hint, its not a trick question, you need not do any research, everything necessary is contained in this post): (To get an A+, the bonus question is what is wrong with the charts below?)

A. 0 percent

B. 10 percent

C. 20 percent

D. Some other number.

Please give reasons and not guess (it may well help you win your claim or increase your benefits if you are HOH)

1. Claimant is Service connected for hearing loss, and you need only plug the numbers in the charts, below.

2. Speech Discrimination = 88 percent for EACH ear.

3. Average of 1000,2000,3000,4000 decibels is: Right 59, Left 58

At least 8 rating specialists, 2 lawyers, a CAVC judge, 2 BVA judges, and ONE RO director AND ME (3times) ALL got it wrong!!!

The charts, along with directions, and everything needed to rate it right are below!

4.85 Evaluation of hearing impairment.

(a) An examination for hearing impairment for VA purposes must be conducted by a state-licensed audiologist and must include a controlled speech discrimination test (Maryland CNC) and a puretone audiometry test. Examinations will be conducted without the use of hearing aids.

(b) Table VI, “Numeric Designation of Hearing Impairment Based on Puretone Threshold Average and Speech Discrimination,” is used to determine a Roman numeral designation (I through XI) for hearing impairment based on a combination of the percent of speech discrimination (horizontal rows) and the puretone threshold average (vertical columns). The Roman numeral designation is located at the point where the percentage of speech discrimination and puretone threshold average intersect.

© Table VIa, “Numeric Designation of Hearing Impairment Based Only on Puretone Threshold Average,” is used to determine a Roman numeral designation (I through XI) for hearing impairment based only on the puretone threshold average. Table VIa will be used when the examiner certifies that use of the speech discrimination test is not appropriate because of language difficulties, inconsistent speech discrimination scores, etc., or when indicated under the provisions of § 4.86.

(d) “Puretone threshold average,” as used in Tables VI and VIa, is the sum of the puretone thresholds at 1000, 2000, 3000 and 4000 Hertz, divided by four. This average is used in all cases (including those in § 4.86) to determine the Roman numeral designation for hearing impairment from Table VI or VIa.

(e) Table VII, “Percentage Evaluations for Hearing Impairment,” is used to determine the percentage evaluation by combining the Roman numeral designations for hearing impairment of each ear. The horizontal rows represent the ear having the better hearing and the vertical columns the ear having the poorer hearing. The percentage evaluation is located at the point where the row and column intersect.

(f) If impaired hearing is service-connected in only one ear, in order 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 § 3.383 of this chapter.

(g) When evaluating any claim for impaired hearing, refer to § 3.350 of this chapter to determine whether the veteran may be entitled to special monthly compensation due either to deafness, or to deafness in combination with other specified disabilities.

(h) Numeric tables VI, VIA*, and VII.

Edited June 6, 2015 by broncovet

[broncovet]

Hint: Dont use Chart VIA as the Veteran does not qualify for this.

I think Berta may get this one. Asknod already knows because I sent him an email, but he may have missed it, too!

Given the vast number of people who got it wrong, nobody here may get it right.

Edited June 6, 2015 by broncovet

[toddt]

10% According to Hearing Loss Calculator: https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnxodXRza3lzZGVza3xneDoxYjkyYTM1MDY1ZWVkYzYz

Edited June 6, 2015 by toddt

[Carl the Engineer]

I got 0

Hamslice

I am not a doctor...

[broncovet]

Its important for you to follow this if you have a 0percent or 10 percent rating, since its likely you deserve a much higher rating.

Thank you for your answers, Todd and hamslice. Interestingly, the Regional Office awarded me 20%, so we now have 0%, 10%, and 20%..and I can see how each of you arrived at that percentage. However, the correct answer is 50%, and I dont care if VA uses a calculator or not, as the calculator may or may not correctly apply the regulations. Here is why:

Applying the directions required by 38 CFR 4.85 (b) which states (emphasis mine):

"Table VI, “Numeric Designation of Hearing Impairment Based on Puretone Threshold Average and Speech Discrimination,” is used to determine a Roman numeral designation (I through XI) for hearing impairment based on a combination of the percent of speech discrimination (horizontal rows) and the puretone threshold average (vertical columns). The Roman numeral designation is located at the point where the percentage of speech discrimination and puretone threshold average intersect."

If you put 88 speech discrimination in the horizontal rows and the 58 Puretone threshold average in the vertical columns, you get Roman Numeral VIII. (I bet you put the puretone average in the horizontal and the speech discrimination in the vertical, exactly the opposite of what 4.85 (b) says. Dont feel like the lone ranger, I did mine wrong at least 4 times. If you repeat this for the other ear, you also get Roman Numeral VIII. This is because the chart VI, itself appears to suggest the opposite. When you do it backwards, you get Roman Numeral III.

By putting Roman Numeral VIII and Roman Numeral VIII in chart number VII, you get a 50% rating. So, the correct answer is 50%. Calculators which show otherwise probably make the same mistake and do them backwards from the instructions in 4.85 (b).

Edited June 7, 2015 by broncovet

[toddt]

Interesting.