92 Decision Citation: BVA 92-13954 Y92 BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 DOCKET NO. 91-50 078 ) DATE ) ) ) THE ISSUE Entitlement to service connection for bilateral hearing loss. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD Lorie Goode Ward, Associate Counsel INTRODUCTION The appellant had active military service from March 1955 to March 1957. This case came before the Board of Veterans' Appeals (hereinafter Board) on appeal from a March 1991 rating decision of the San Juan, Puerto Rico, regional office (hereinafter RO), which denied service connection for bilateral hearing loss. That decision granted service connection for tinnitus aurium secondary to acoustic trauma during service. The notice of disagreement regarding hearing loss was received in May 1991. The statement of the case was issued in July 1991. The appellant submitted a statement, dated in September 1991, which was accepted as a formal substantive appeal. The appeal was received and docketed at the Board in December 1991. The appellant has been represented throughout his appeal by Disabled American Veterans. His representative furnished an additional statement regarding his claim in March 1992. The case is now ready for appellate consideration. CONTENTIONS OF APPELLANT ON APPEAL The appellant contends that he sustained a hearing loss in service after being exposed to repeated concussion secondary to exposure on a firing range. He maintains that his service-connected disability of tinnitus is the result of this concussion exposure. The appellant asserts that due to constant and chronic ringing and buzzing in his ears from tinnitus he is unable to hear conversational and spoken voice clearly. For these reasons, he contends that he is entitled to service connection for a bilateral hearing loss. DECISION OF THE BOARD For the reasons and bases hereinafter set forth, it is the decision of the Board that the evidence is in equipoise, and, with resonable doubt resolved in his favor, the appellant's claim of entitlement to service connection for bilateral hearing loss is granted. FINDINGS OF FACT 1. A hearing loss is shown in service. 2. A post-service hearing loss may not be dissociated from service. CONCLUSION OF LAW A bilateral hearing loss was incurred in active military service. 38 U.S.C. §§ 1131, 5107 (1992) REASONS AND BASES FOR FINDINGS AND CONCLUSION Initially, we note that the provisions of 38 U.S.C. § 5107(a) have been met, in that the appellant's claim is well-grounded and adequately developed. In order for service connection to be granted for hearing loss, it must be shown to have resulted from a disease or injury incurred in or aggravated by active military service. 38 U.S.C. § 1131. The appellant's preinduction examination of September 1954 and induction examination of March 1955 both revealed normal hearing. Service medical records in 1955 showed complaints of bilateral ear pain and tinnitus following exposure on a firing range, and a service medical record of July 1955 indicated that the appellant had bilateral hearing loss in high tones caused by inner ear concussions after exposure on a firing range. An audiogram of March 1956 continued to show a bilateral hearing loss. In December 1956, the appellant's service medical records again showed treatment for bilateral earache and tinnitus. On separation examination of January 1957, there was no complaint or finding of bilateral hearing loss, and the appellant's hearing was listed at 15/15 in each ear, both for spoken voice and whispered voice. A Department of Veterans Affairs (hereinafter VA) examination after service in May 1967 indicated that the appellant complained of hearing loss. The examination records stated that audiometry was not available, but Rinne's test was positive on both sides. There was no pertinent diagnosis. VA outpatient treatment records, dated from 1989 to 1990, revealed treatment for tinnitus, hearing loss, and otalgia. A VA audiological examination of October 1990 revealed bilateral high frequency hearing loss, and noted that the appellant complained that he had hearing loss and tinnitus since 1955. It was recommended that he be provided with amplification. At that time, his average pure tone threshold for hearing was 34 in the right ear and 38 in the left ear. A private physician's statement, dated in May 1990, noted that the appellant had hearing loss and tinnitus at times which he claimed was severe and which the physician noted could be related to high intensity noise exposure such as range fire. A private audiogram in May 1991 revealed high frequency sensorineural hearing loss in each ear, but normal hearing in the critical frequencies of speech in each ear. Based on the objective evidence of record, entitlement to service connection for hearing loss as incurred in service is established. The appellant complained of hearing loss in service, and there were diagnoses during service of hearing loss. On each post-service examination, whether at the VA or at a private facility, the appellant consistently related a hearing loss to acoustic trauma during service. The RO has recognized the veteran's service exposure to acoustic trauma by granting service connection for tinnitus on that basis. It is noted that there is no confirmed post-service diagnosis of hearing loss until years after service separation. Nevertheless, based on the available medical records reflecting a consistent history, the evidence is in equipoise as to the relationship between the post-service hearing loss and military service. As such, reasonable doubt must be resolved in the appellant's favor, and service connection for bilateral hearing loss is warranted. ORDER Service connection for bilateral hearing loss is granted. BOARD OF VETERANS' APPEALS WASHINGTON, D.C. 20420 * HARRY M. McALLISTER, M.D. M. SABULSKY *38 U.S.C. § 7102(a)(2)(A) (1992) permits a Board of Veterans' Appeals Section, upon direction of the Chairman of the Board, to proceed with the transaction of business without awaiting assignment of an additional Member to the Section when the Section is composed of fewer than three Members due to absence of a Member, vacancy on the Board or inability of the Member assigned to the Section to serve on the panel. The Chairman has directed that the Section proceed with the transaction of business, including the issuance of decisions, without awaiting the assignment of a third Member. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C. § 7266 (1992), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.