Bilateral Hearing Loss

[GBArmy]

In simple terms, bilateral disabilities would be having an additional "bonus" from the VA to help compensate the fact that having a disability on one side of your body, say left knee,  is more of a handicap if you should have a corresponding disability on the other lower extremity, than rating them completely separate.  So 10% for left knee, 10% for right knee, plus an additional 10% (10+19=19 x 10%=1.9 Add the 1.9 to the 19 and the bilateral number for your knees is 21%. It helps a lot when you climb the disability claim ladder. (I believe this is correct without using a calculator that does bilateral.) Here's where it gets a little wonky. I have s-c bilateral hearing loss by the VA and it is rated at 10%. What? If it is BILATERAL and I have hearing loss in both ears, why is it not 21% instead of 10%? Either the VA is using a different definition when talking about hearing loss, or my disability is miscalculated.  Any comments welcome.

[brokensoldier244th]

Because bilateral factor only applies to extremities

 

 

https://www.law.cornell.edu/cfr/text/38/4.26

[broncovet]

Bilateral hearing loss is included in the the charts.  The chart shows both ears.   There is a bias in the chart in order to rate you lower.  Example:  The charts use a "CNC average".  That is crazy.  If you lost your left arm, well, you could "average" 1 good arm, 2 good legs, one bad leg and get an average of 3 good appendages, which would "round up" to 4 good appendages so no rating for a lost arm.  

Its been my opinion that VA consistently messes up the rating for hearing loss, and "virtually always" lowballs you.  I was set to fight VA on the way I was rated, they increased me from 0 percent, to 10 percent, to 20 percent, and eventually tdiu,  even tho my "Maryland CNC average hearing loss" did not significantly change  all that much during that period.  

After extensive scrutiny and study of the charts (below), and conversations with multiple VA employees and VSO's, I came to the following conclusion:  (Im a math nerd, and understand charts MUCH MUCH better than I understand people)

 

My take on it is that VA "has no idea" how to apply the charts, generally, and the computer program that figures it out is no better.  I have studied the hearing loss charts intensively and get different numbers than any of those I was ever rated.   When I studied this some years ago, I concluded the chart was actually "backwards", but it may have been fixed since then.  

You can plug in your Maryland CNC loss numbers and see for your self:

https://www.law.cornell.edu/cfr/text/38/4.85

 

Edited February 1, 2021 by broncovet

[brokensoldier244th]

What chart are you looking at? I posted the CFR that governs bilateral factor- it does not include ears.

[Buck52]

I Think they use a special calculator and a chart graft for hearing loss and combined  the hearing test results, if one ear shows a higher # in your hearing loss. say your left ears shows  a 10% hearing loss  and your right ear shows a 20%...you would get a 30% Rating bilaterally .

If you only show a 20% hearing loss in your right ear  what ever the results of the test show   and they use that special calculator to figure out the hearing loss by %  in this case it would be 20% hearing loss.

I am not 100% on this  but from what I've read  they use a special calculator and chart  type  devise to figure out the hearing loss results.

This is why  the VA Hearing loss comp is hard to get   because you got to be damn near deaf to qualify for any hearing loss.

I first was denied hearing loss  and my wife said BS  anyway appeal that decision and got S.C. @0%  Applied for increase  and got 50%  Like with in 2 years time...I agure my hearing loss was at least 50 on my first testing....I am still trying to figure that all out , but since my hearing has got worse and I got increase to 90%  and TDIU P&T...SO this slowed me down on trying to figure out why I got the 50%  2 years after I first filed.

They did say my first test did not meet the rating criteria back then....so WHEN i TOOK ANOTHER TEST SOME 2 YEARS LATER MY HEARING LOSS HAD INCREASE TO 50%...Its All BS IN MY OPINION.   They just want us to beg like a dog for a bone.

Edited February 1, 2021 by Buck52

[broncovet]

I rest my case, broken soldier. (That VA has no clue how to rate hearing loss).  No offense (on you intended), but you obviously work for VA and cant find the charts.  Here they are:  (from my link, above.  The link includes instructions (exceptionally confusing) on how and which chart to use.  Most of the VA employees I spoke with "trust the computer", and I do not.  

Table VI
Numeric Designation Of Hearing Impairment Based On Puretone Threshold Average And Speech Discrimination

Puretone Threshold Average

% of Discrimination	0-41	42-49	50-57	58-65	66-73	74-81	82-89	90-97	98+
92-100	I	I	I	II	II	II	III	III	IV
84-90	II	II	II	III	III	III	IV	IV	IV
76-82	III	III	IV	IV	IV	V	V	V	V
68-74	IV	IV	V	V	VI	VI	VII	VII	VII
60-66	V	V	VI	VI	VII	VII	VIII	VIII	VIII
52-58	VI	VI	VII	VII	VIII	VIII	VIII	VIII	IX
44-50	VII	VII	VIII	VIII	VIII	IX	IX	IX	X
36-42	VIII	VIII	VIII	IX	IX	IX	X	X	X
0-34	IX	X	XI	XI	XI	XI	XI	XI	XI

Table VIA*
Numeric Designation Of Hearing Impairment Based Only On Puretone Threshold Average

Puretone Threshold Average

0-41	42-48	49-55	56-62	63-69	70-76	77-83	84-90	91-97	98-104	105+
I	II	III	IV	V	VI	VII	VIII	IX	X	XI

* This table is for use only as specified in §§ 4.85 and 4.86.

Table VII — Percentage Evaluation For Hearing Impairment
(Diagnostic Code 6100)

	Poorer Ear
Better Ear
	XI	100*
	X	90	80
	IX	80	70	60
	VIII	70	60	50	50
	VII	60	60	50	40	40
	VI	50	50	40	40	30	30
	V	40	40	40	30	30	20	20
	IV	30	30	30	20	20	20	10	10
	III	20	20	20	20	20	10	10	10	0
	II	10	10	10	10	10	10	10	0	0	0
	I	10	10	0	0	0	0	0	0	0	0	0
		XI	X	IX	VIII	VII	VI	V	IV	III	II	I

Edited February 1, 2021 by broncovet

[brokensoldier244th]

Yes, I know about those. They have nothing to do with bilateral factor.