Citation Nr: 18141223 Decision Date: 10/10/18 Archive Date: 10/09/18 DOCKET NO. 15-22 028 DATE: October 10, 2018 ORDER Entitlement to service connection for bilateral hearing loss is granted. FINDING OF FACT The Veteran’s bilateral hearing loss is related to in-service exposure to acoustic trauma. CONCLUSION OF LAW The criteria for service connection for bilateral hearing loss have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.303, 3.385. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from February 1966 to November 1967, including service in the Republic of Vietnam. He was awarded a Purple Heart. 1. Entitlement to service connection for bilateral hearing loss Service connection will be presumed for certain chronic diseases, including bilateral hearing loss, if manifest to a compensable degree within one year after discharge from service. See 38 C.F.R. §§ 3.307, 3.309. Because there is no indication that the Veteran’s hearing loss was manifested within one year of service, service connection is not available on a presumptive basis. 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, or 4000 hertz (Hz) is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies at 500, 1000, 2000, 3000, or 4000 Hz are 26 decibels or greater; or when speech recognition scores using the Maryland CNC Test are less than 94 percent. 38 C.F.R. § 3.385. Even if disabling loss is not demonstrated at separation, a veteran may establish service connection for a current hearing disability by submitting evidence that a current disability is causally related to service. See Hensley v. Brown, 5 Vet. App. 155, 160 (1993). The Veteran’s October 2013 VA audiological examination provides for a diagnosis of hearing loss. Pure tone thresholds, in decibels, are as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 20 20 30 50 65 LEFT 25 25 50 60 70 Speech recognition ability using the Maryland CNC test is 96 percent in the right ear and 96 percent in the left ear. Taken together, the Veteran’s pure tone threshold values support a current diagnosis of bilateral hearing loss under 38 C.F.R. § 3.385. In his July 2018 hearing transcript, the Veteran states that his hearing has worsened since leaving active-duty service. These statements are corroborated by lay statements submitted by fellow servicemen and the Veteran’s spouse in June 2014. Consistent with this, in-service audiograms indicate worsening hearing during the course of the Veteran’s military career. The audiograms are dated February 1966 (received 3/25/68, page 22 of 41) and November 1967 (received 3/25/68, page 27 of 41). For the right ear, pure tone thresholds, in decibels, are as follows: RIGHT EAR Air Conduction in Decibels 500 Hz 1000 Hz 2000 Hz 3000 Hz 4000 Hz 2/8/1966 0 0 0 – 0 11/8/1967 5 10 0 – 5 For the left ear, pure tone thresholds, in decibels, are as follows: LEFT EAR Air Conduction in Decibels 500 Hz 1000 Hz 2000 Hz 3000 Hz 4000 Hz 2/8/1966 0 0 0 – 0 11/8/1967 5 0 0 – 5 These in-service audiograms support the Veteran’s statement that hearing worsened during service. For the right ear, worsened hearing is reflected by increased pure tone thresholds at 500 Hz, 1000 Hz, and 4000 Hz. For the left ear, worsened hearing is reflected by increased pure tone thresholds at 500 Hz and 4000 Hz. While neither audiogram provides for a diagnosis of hearing loss after leaving service, these audiograms do support the Veteran’s statement that his hearing was worse after service. Hearing loss is one of the chronic diseases listed under 38 C.F.R. § 3.307(a) for which service connection is available based on continuity of symptomatology. See 38 C.F.R. § 3.303(b). Based on the evidence of worsening hearing during and after service and the evidence of continuity of symptomatology, service connection for bilateral hearing loss is warranted under 38 C.F.R. § 3.303(b). The Board notes that VA medical opinions dated October 2013 and April 2014 conclude that the Veteran’s hearing loss is less likely than not related to service. The basis for these opinions is that audiological shifts after service were small, the resulting shifts do not constitute a diagnosis of hearing loss, and the Veteran was exposed to acoustic trauma after service. But these opinions do not specifically address the Veteran’s testimony of worsened hearing following service and do not contradict his supporting statements as to continuity of symptomatology. Moreover, the Board notes that the Veteran is the recipient of the Purple Heart Medal, and that this disability is consistent with the circumstances, conditions or hardships of the Veteran’s combat service. 38 U.S.C. § 1154(b). Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD B. Cannon, Associate Counsel