Citation Nr: 0701040 Decision Date: 01/12/07 Archive Date: 01/24/07 DOCKET NO. 04-26 867 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUE Entitlement to service connection for left ear hearing loss. WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD M. McPhaull, Associate Counsel INTRODUCTION The appellant is a veteran who served on active duty from November 1966 to November 1968. This matter is before the Board of Veterans' Appeal (Board) on appeal from a January 2004 rating decision by the Cleveland, Ohio Department of Veterans Affairs (VA) Regional Office (RO). In September 2006 a Travel Board hearing was held before the undersigned. A transcript of that hearing is of record. In October 2006, the Board received a statement from the veteran requesting service connection for tinnitus. That matter is referred to the RO. FINDING OF FACT The veteran's left ear hearing loss disability was first manifested in service. CONCLUSION OF LAW Service connection for left ear hearing loss is warranted. 38 U.S.C.A. §§ 1110, 5107 (West 2002 & Supp. 2005); 38 C.F.R. §§ 3.303, 3.385 (2006). REASONS AND BASES FOR FINDING AND CONCLUSION I. Veterans Claims Assistance Act of 2000 (VCAA) The VCAA, in part, describes VA's duties to notify and assist claimants in substantiating a claim for VA benefits. 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5106, 5107, 5126; 38 C.F.R. §§ 3.102, 3.156(a), 3.159, 3.326(a). The VCAA applies to the instant claim. However, as the determination below constitutes a full grant of the benefit sought, there is no reason to belabor the impact of the VCAA in the matter. II. Factual Background The veteran's enlistment audiometry showed that puretone thresholds, in decibels, were (ASA values have been converted to ISO values for consistency): HERTZ 500 1000 2000 3000 4000 RIGHT 10 0 0 / 10 LEFT 15 5 5 / 10 On service separation examination audiometry (specifically identified as in ASA values), puretone thresholds were (with ASA values converted to ISO values) were: HERTZ 500 1000 2000 3000 4000 RIGHT 10 5 0 55 45 LEFT 10 5 0 40 40 It was noted that the veteran had high frequency hearing loss in both ears, and that the decrease in hearing acuity was noted on repeat examinations. A November 2002 private audiogram (not converted to numerical values) notes in summary that the veteran's has bilateral hearing loss, major sensorineural, and classic for noise exposure. On October 2003 VA audiological evaluation, the veteran asserted he had the onset of bilateral hearing loss as a result of weapons firing noise exposure in the military. Audiometry revealed that puretone thresholds were: HERTZ 500 1000 2000 3000 4000 RIGHT 15 10 40 70 80 LEFT 5 5 40 70 70 Speech audiometry revealed speech recognition ability of 88 percent in the right ear and 80 percent in the left ear. The diagnosis was moderate bilateral sensorineural hearing loss. At the September 2006 hearing, the veteran testified that he was an ammunition storage specialist in service, and was constantly exposed to explosions and loud noises from artillery guns. III. Legal Criteria and Analysis Service connection may be granted for disability due to disease or injury incurred in or aggravated by active military service. 38 U.S.C.A. §§ 1110, 5107; 38 C.F.R. § 3.303. To establish service connection for a disability, there must be medical evidence of a current disability; medical or, in certain circumstances, lay evidence of in-service incurrence of a disease or injury; and medical evidence of a nexus between the claimed in-service disease or injury and the present disease or injury (disability). Hickson v. West, 13 Vet. App. 247, 248 (1999). For the purposes of applying the laws administered by VA, impaired hearing will be considered to be a disability when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, 4000 hertz is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, 4000 are 26 decibels or greater; or when speech recognition scores using the Maryland CNC list are less than 94 percent. 38 C.F.R. § 3.385. Notably, the RO has granted service connection for right ear hearing loss, noting that a right ear hearing loss disability was found on service separation audiometry. It is not in dispute that the veteran now has a left ear hearing loss disability by VA standards. A left ear hearing loss disability was not found on service entrance audiometry. Significantly, service separation examination audiometry was specifically stated to be in ASA standards. When the numerical values on service separation audiometry are converted to ISO standards, they show that the veteran had left ear puretone thresholds of 40 decibels at both the 3000 and 4000 hertz frequencies. Such findings reflect a left ear hearing loss disability under 38 C.F.R. § 3.385. The examiner also indicated that the veteran had high frequency hearing decrease in both ears. One way to establish service connection is by showing that a chronic disease was first manifested in service (and is still shown). See 38 C.F.R. § 3.303. There is nothing in the record to suggest that the veteran's left ear hearing loss disability noted on service separation was other than chronic. Consequently, the criteria for establishing service connection are met for the left ear hearing loss disability. ORDER Service connection for left ear hearing loss disability is granted. ____________________________________________ GEORGE R. SENYK Veterans Law Judge, Board of Veterans' Appeals Department of Veterans Affairs