Citation Nr: 9821457 Decision Date: 07/15/98 Archive Date: 07/23/98 DOCKET NO. 95-33 002A ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUES 1. Entitlement to service connection for bilateral hearing loss. 2. Entitlement to service connection for bilateral tinnitus. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States ATTORNEY FOR THE BOARD Christopher J. Gearin, Associate Counsel INTRODUCTION The veteran had active service from July 1951 to July 1954. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he has bilateral hearing loss and tinnitus resulting from exposure to acoustic trauma during service. Specifically, he asserts that his hearing loss and tinnitus were caused by exposure to heavy artillery gunfire during the Korean Conflict. He served as a signalman aboard the bridge of the U.S.S. Quincy (CA-71), stationed in the Korean combat zone. Therefore, the veteran requests a favorable service connection determination. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991 & Supp. 1998), has reviewed and considered all of the evidence and material of record in the veteran's claims file. Based on its review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that service connection for bilateral hearing loss and tinnitus is warranted. FINDINGS OF FACT 1. The veteran served approximately six months in the Korean combat zone aboard the U.S.S. Quincy, which placed him in close proximity to the ship’s heavy artillery guns. 2. A private health care provider has diagnosed the veteran with bilateral hearing loss attributable to exposure to acoustic trauma during his service. 3. A private health care provider has diagnosed the veteran with bilateral tinnitus attributable to exposure to acoustic trauma during his service. CONCLUSIONS OF LAW 1. Bilateral hearing loss was incurred during the veteran's active duty service. 38 U.S.C.A. §§ 1110, 1154, 5107 (West 1991); 38 C.F.R. §§ 3.102, 3.303, 3.385 (1997). 2. Tinnitus was incurred in service. 38 U.S.C.A. §§ 1110, 1154, 5107 (West 1991); 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Factual Background The veteran’s service records show that he served aboard the U.S.S. Quincy (CA-71) from July 1953 to November 1953 in the Korean combat zone. According to his report of separation from the military (DD 214), he received the Korean Service Medal and Ribbon. The veteran’s service medical records include an induction examination, dated June 1951, that indicates that his hearing was clinically evaluated as normal and whispered voice testing was 15/15 bilaterally. An audiometric examination was not conducted. The remainder of the veteran’s service medical records reveal no complaints, findings or diagnoses of hearing loss. The veteran’s separation examination, dated July 1954, likewise indicates that the veteran’s hearing was clinically evaluated as normal, and whispered voice testing was 15/15 bilaterally. Post-service medical records include an August 1994 letter from Michael Menge, M.D., the veteran’s private Otolaryngologist. According to the letter, Dr. Menge examined the veteran in August 1994. The veteran reported that he was exposed to acoustic trauma from eight-inch guns while shipboard, and from artillery fire while ashore during the Korean Conflict. The veteran recalled ringing in his ears and temporary deafness around these sources of loud noise. For many years he had noted bilateral hissing tinnitus in both ears. Although the veteran expressed to Dr. Menge that his hearing was still socially adequate, he had trouble understanding in the presence of background noise, or if others spoke too rapidly. An audiogram revealed typical noise induced hearing loss with a mid to high frequency descending curve of a sensori neural nature. The speech discrimination score was normal bilaterally. Dr. Menge advised the veteran that the demonstrated hearing loss was consistent with noise induced hearing loss. Although the associated audiogram report does not differentiate between the results of the left and right ear, the chart nevertheless indicates hearing loss bilaterally at the higher frequencies. Ramon Souffront, M.D., reported to the RO in December 1994 that he referred the veteran to Dr. Menge, in order to examine a progressively worsening hearing loss. In June 1995, the veteran underwent a general examination at the VA Medical Center (VAMC). He reported working as a engineer for the Ford Motor Company. The veteran provided essentially the same complaints as reported in Dr. Menge’s report. Audiometry revealed moderate high frequency sensorineural hearing loss bilaterally. The tinnitus was at six Hertz. The final diagnosis was hearing loss with tinnitus in reference to audiology exam. HERTZ 500 1000 2000 3000 4000 Avg. RIGHT 15 15 15 45 60 34 LEFT 15 15 25 50 55 36 Speech audiometry revealed speech recognition ability of 88 percent in the right ear and 88 in the left ear. In September 1995, Dr. Menge reported that he had re- evaluated the veteran. Dr. Menge indicated that he understood that there was a question as to whether the veteran’s persistent bilateral tinnitus was related to the acoustic trauma experience in service. The doctor opined that the veteran had tinnitus at the time of the noise trauma. Dr. Menge elaborated that, even though the tinnitus disappeared temporarily, it was quite possible for tinnitus to recur years later secondary to the initial noise trauma to his ears. The doctor concluded that it was reasonable to suggest that the veteran’s persistent ringing in both ears was related to his noise induced hearing loss, which seemed service connected. In the October 1995 substantive appeal, the veteran expounded that his bilateral hearing loss and tinnitus were induced by acoustic trauma during his service on the U.S.S. Quincy (a Heavy Cruiser). He recounted that his assigned battle station on the U.S.S. Quincy was as a signalman. His duties entailed operating a blinker light on the open bridge, directly above the five-inch guns, and aft of the twelve-inch guns. No ear protection was available for him. He reported operating the signal station during all general quarters conditions, including ship to shore bombarding of Korea. He chronicled that the compression and noise trauma from these guns kept his clothing stuck to his body. The ringing in his ears would not stop until hours after the firing ceased. At the time he recounted complaining about this, but his operations officer responded that everyone had this problem during heavy fire. As a result, the veteran did not complain about it anymore. After service, the veteran attended college and pursued a career as an engineer. He worked in offices, labs and design rooms, all free of unusual or excess noise trauma. Many years ago, the tinnitus returned and now he has constant ringing during all of his awakening hours, 365 days a year. The veteran attached a photocopy of a picture of the U.S.S. Quincy. The veteran highlighted in blue pen the location of the five and twelve-inch guns in relation to the bridge area and the signal light, where he was stationed. Analysis Initially, the Board notes that the veteran's claim is well- grounded within the meaning of 38 U.S.C.A. § 5107(a). That is, he has presented a claim that is plausible. The Board is also satisfied that all relevant facts have been properly developed. No further assistance to the veteran is required to comply with the duty to assist mandated by 38 U.S.C.A. § 5107(a). Service connection may be granted for a disability resulting from injury or disease incurred in or aggravated by service. 38 U.S.C.A. § 1110. Service connection may also be granted for an organic disease of the nervous system, such as a sensorineural hearing loss, when it is manifested to a compensable degree within one year of separation from service. 38 U.S.C.A. §§ 1101, 1112, 1113 (West 1991); 38 C.F.R. §§ 3.307, 3.309 (1997). Service connection may also be granted on the basis of a post-service initial diagnosis of a disease, where the physician relates the current condition to the period of service. See 38 C.F.R. § 3.303 (d) (1997); Hensley v. Brown, 5 Vet.App. 155, 158 (1993). In such instances, a grant of service connection is warranted only when, "all of the evidence, including that pertinent to service, establishes that the disease was incurred during service." 38 C.F.R. § 3.303(d). When a veteran has engaged in combat, VA will accept as sufficient proof of service connection of any disease or injury alleged to have been incurred in or aggravated by such service satisfactory lay or other evidence of service incurrence or aggravation of such injury or disease, if consistent with the circumstances, disability, or hardships of such service, even if there is no official record of such incurrence or aggravation in service; service connection of such injury or disease may be rebutted by clear and convincing evidence to the contrary. 38 U.S.C.A. § 1154(b). Applicable regulations provide that impaired hearing shall be considered a disability when the auditory thresholds in any of the frequencies of 500, 1,000, 2,000, 3,000, and 4,000 Hz are 40 decibels or greater; the thresholds for at least three of these frequencies are 26 decibels or greater; or when speech recognition scores are 94 percent or less. 38 C.F.R. § 3.385. The evidence shows that the veteran currently has a hearing disability, which meets the criteria for a hearing disability under 38 C.F.R. § 3.385. Given that the service medical records show that the veteran served in a combat zone for nearly six months, the Board accepts the veteran’s descriptions of exposure to acoustic trauma while on the U.S.S. Quincy, as sufficient proof consistent with the circumstances, disability, and hardships of such service. 38 U.S.C.A. § 1154(b). Furthermore, the veteran’s private physician has linked this acoustic trauma as a cause of his current bilateral hearing loss and tinnitus. The Board notes that there is no competent evidence offering a contrary opinion, and there is no specific evidence pertaining to an intercurrent ear injury or acoustic trauma post service. In view of the foregoing, the Board resolves reasonable doubt in favor of the veteran and concludes that service connection for bilateral hearing loss and tinnitus is warranted. ORDER Service connection for bilateral hearing loss and tinnitus is granted. DEREK R. BROWN Member, Board of Veterans' Appeals NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991 & Supp. 1998), 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, 102 Stat. 4105, 4122 (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. - 2 -