15-09 504, 15-09 504

Veteran served on active duty Aug 1959–Aug 1961 and appealed a July 2013 RO rating decision denying a compensable rating for service‑connected hearing loss.
Board previously remanded in July 2016 for a new VA audiologic examination; the remand exam was performed in November 2016.
Relevant VA audiograms (July 2011, July 2013, Nov 2016) consistently show pure‑tone averages and speech discrimination placing the Veteran at level I hearing impairment in both ears.
Combined binaural values based on those tests yield a noncompensable evaluation under 38 C.F.R. § 4.85, Diagnostic Code 6100.
Veteran asserted worsening hearing related to onset of tinnitus; the Board referred the tinnitus claim back to the AOJ for adjudication and did not decide service connection for tinnitus here.
Board denied an initial compensable rating for bilateral hearing loss and found the preponderance of evidence against a higher rating; benefit‑of‑the‑doubt rule not applied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to an initial compensable rating for service‑connected hearing loss	Hearing loss worsened (Veteran cites tinnitus onset) and merits a compensable rating	Objective audiograms demonstrate level I impairment both ears, producing a noncompensable rating; tinnitus claim must be adjudicated by RO	Denied—no compensable rating; audiometric evidence yields noncompensable evaluation; tinnitus referred to AOJ

Scott v. McDonald, 789 F.3d 1375 (Fed. Cir. 2015) (limits Board discussion to relevant evidence and issues on appeal)
Robinson v. Peake, 21 Vet. App. 545 (2008) (Board need only discuss evidence material to its decision)