15-12 049, 15-12 049

Veteran served on active duty June 1945 – January 1946 and filed claims for bilateral hearing loss in 2013–2014.
Informal claim received October 15, 2013; formal claim received February 6, 2014. RO later assigned an effective date of October 15, 2013.
VA granted service connection and initially rated bilateral hearing loss 50%; increased to 70% effective September 3, 2014.
Relevant objective evidence: June 2014 VA audiometry (pure tone averages ~85–86 dB → auditory level VIII → 50%); April 2015 private testing (variable, incomplete, non‑Maryland CNC); June 2016 VA audiometry (averages 91 R / 103 L → levels IX and X → 70%).
Maryland CNC speech testing was not performed in VA exams due to a language barrier; ratings applied mechanically via pure‑tone Table VIA/VII.

Issue	Plaintiff's Argument	Defendant's Argument	Held
1. Initial rating >50% before 9/3/2014 and >70% after 9/3/2014	Veteran asserts his hearing loss is more severe than assigned and merits higher ratings based on functional impact and some private testing	VA relies on VA audiometric results and the Rating Schedule (Table VIA/VII) showing acuity levels corresponding to 50% before 9/3/2014 and 70% after 9/3/2014; private exam has methodological flaws	Denied: evidence supports no higher rating prior to 9/3/2014 than 50% and no rating in excess of 70% thereafter (mechanical application of tables controls)
2. Effective date earlier than 10/15/2013 for service connection	Veteran argues claim should have an effective date earlier than Oct 15, 2013	VA notes the earliest communication constituting an informal claim is Oct 15, 2013; formal claim filed within one year (Feb 6, 2014) so effective date is the informal claim date	Denied: effective date is Oct 15, 2013 (no claim or communication before that date)
3. Entitlement to TDIU	Veteran contends hearing loss has rendered him unemployable for decades and raised TDIU in his NOD	VA denied TDIU for lack of requested employment history; Board finds claim raised and record shows schedular threshold met after 70% rating	REMANDED to develop TDIU (obtain employment history, send TDIU form, further development/exam as needed)

Scott v. McDonald, 789 F.3d 1375 (Fed. Cir.) (VA satisfied notice and duty‑to‑assist standards)
Robinson v. Shinseki, 557 F.3d 1355 (Fed. Cir.) (limits on lay competence to diagnose or apply diagnostic codes)
Lendenmann v. Principi, 3 Vet. App. 345 (Vet. App.) (mechanical application of audiometric results to rating schedule)
Rice v. Shinseki, 22 Vet. App. 447 (Vet. App.) (unemployability may be an implied part of an increased‑rating claim)
Martinak v. Nicholson, 21 Vet. App. 447 (Vet. App.) (audiologist must describe functional effects of hearing loss)
Hart v. Mansfield, 21 Vet. App. 505 (Vet. App.) (consideration of staged ratings)
Fenderson v. West, 12 Vet. App. 119 (Vet. App.) (staged rating principles)
AB v. Brown, 6 Vet. App. 35 (Vet. App.) (increased awards during appeal do not constitute total grant)
Layno v. Brown, 6 Vet. App. 465 (Vet. App.) (competency to report observable symptoms)
Kutscherousky v. West, 12 Vet. App. 369 (Vet. App.) (right to submit evidence after remand)