Citation Nr: 18141430 Decision Date: 10/10/18 Archive Date: 10/10/18 DOCKET NO. 17-35 545 DATE: October 10, 2018 ORDER Entitlement to service connection for bilateral hearing loss is granted. FINDING OF FACT Resolving the benefit of the doubt in favor of the Veteran, his bilateral hearing loss is at least as likely as not related to in-service noise exposure. CONCLUSION OF LAW A bilateral hearing loss disability was incurred during the Veteran’s active duty service. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.385 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty with the U.S. Army from May 1953 to April 1955. The Veteran testified at a videoconference hearing in October 2018 before the undersigned Veterans Law Judge. Entitlement to service connection for bilateral hearing loss Service connection is warranted where the evidence of record establishes that a particular injury or disease resulting in disability was incurred in the line of duty in active military service or, if pre-existing such service, was aggravated thereby. 38 U.S.C. 1110, 1131 (2012); 38 C.F.R. 3.303 (a) (2017). Under 38 C.F.R. § 3.303(b), service connection will be presumed where there are either chronic symptoms shown in service or continuity of symptomatology since service for diseases identified as “chronic” in 38 C.F.R. § 3.309(a). Walker v. Shinseki, 708 F.3d 1331, 1338-40 (Fed. Cir. 2013) (holding that continuity of symptomatology is an evidentiary tool to aid in the evaluation of whether a chronic disease existed in service or an applicable presumptive period). Sensorineural hearing loss (organic disease of the nervous system) is a “chronic disease” listed under 38 C.F.R. § 3.309(a). Organic disease of the nervous system, may be service-connected on a presumptive basis if manifested to a compensable degree within a specified period of time following separation (one year for organic disease of the nervous system). 38 U.S.C. §§ 1112, 1113, 1137; 38 C.F.R. §§ 3.307, 3.309(a). 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 is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz 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. The Veteran contends that his current bilateral hearing loss disability can be attributed to his exposure to loud noise during service. Unfortunately, most of the Veteran’s service treatment records were destroyed in the 1973 National Personnel Records Center fire. VA attempted to reconstruct his file; however, no records were added to the claims folder. Review of his DD-214 shows his most significant duty assignment as battery command; he also received the National Defense Service Medal. VA treatment records show complaints of decreased hearing and the Veteran received hearing aids in December 2012. A private audiology opinion was submitted in February 2016; testing revealed gradually sloping mild to moderately severe sensorineural hearing loss bilaterally. Speech discrimination scores were 78 percent in the left ear and 84 percent in the right ear. The Veteran did not complain of any tinnitus but noted that his balance was poor. The audiologist found that his hearing loss was consistent with excessive noise exposure and presbycusis. “It is quite likely that his years of excessive noise exposure as a gunner in the U.S. Army contributed to some degree to the loss in each year. No doubt, civilian noise exposure, presbycusis, possible unknown genetic factors, etc. likely are contributing factors as well.” On the authorized audiological evaluation in July 2016, pure tone thresholds qualified as a hearing loss disability under 38 C.F.R. § 3.385. Speech audiometry revealed speech recognition ability of 92 percent in the right ear and of 94 in the left ear. The Veteran reported to the VA examiner that he worked as a gunner for training exercises while stationed in Japan for nine months. Ultimately, the examiner noted that a medical opinion could not be provided without resorting to speculation because he had a long history of noise exposure, prior to, during, and following his military service, along with significant change in low frequency hearing in the previous four years, during which the Veteran reported little noise exposure. The examiner also noted that the service file provided by the Veteran did not include enlistment or separation records and there was no way to determine his audiometric thresholds during or following service. The Veteran has consistently stated his hearing loss is a result of his service, specifically due to gun noise exposure. Hearing loss may be service connected if the evidence of record shows that the veteran currently has a disorder that was chronic in service, or if not chronic, that was seen in service with continuity of symptomatology demonstrated thereafter. A veteran is also competent to testify regarding facts or circumstances that can be observed and described by a layperson. Upon careful review of the evidence of record, the Board finds that the evidence is at least in relative equipoise as to whether the Veteran’s currently diagnosed bilateral hearing loss disability is related to his military service. The Veteran is also competent to report the onset of decreased hearing acuity. In light of his duties in service described above, it is highly probable that he was exposed to hazardous noise, and thus his exposure is conceded. All reasonable doubt is resolved in the Veteran’s favor, and service connection for bilateral ear hearing loss is granted. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Price, Associate Counsel