Citation Nr: 18142577 Decision Date: 10/17/18 Archive Date: 10/16/18 DOCKET NO. 16-18 149 DATE: October 17, 2018 ORDER Entitlement to service connection for a lower back disability is denied. Entitlement to service connection for a bilateral hearing loss disability is denied. Entitlement to service connection for a heart condition is denied. FINDINGS OF FACT 1. The preponderance of the evidence of record is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of a lower back disability. 2. The preponderance of the evidence of record is against finding that the Veteran has, or has had at any time during the appeal, bilateral hearing loss considered as disabling for VA purposes. 3. The preponderance of the evidence is against finding that a heart condition began during active service, or is otherwise related to an in-service injury, event, or disease. CONCLUSIONS OF LAW 1. The criteria for service connection for a lower back disability have not been met. 38 U.S.C. §§ 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for a bilateral hearing loss disability have not been met. 38 U.S.C. §§ 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.385. 3. The criteria for service connection for a heart condition have not been met. 38 U.S.C. §§ 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran contends that he is entitled to service connection for a lower back disability, a bilateral hearing loss disability, and a heart condition. Generally, service connection may be granted for a disability or injury incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. In order to establish service connection for a claimed disability, there must be (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Lower Back Disability Having reviewed the record, the Board finds that service connection is not warranted for a lower back disability as an in-service event or injury has not been established. The first element of service connection requires a current disability. Here, the available medical evidence does not show that the Veteran has a current lower back disability. Likewise, the Veteran has not asserted that he has been provided with a diagnosis for his lower back. In the absence of proof of a current disability, there can be no valid claim for service connection. Brammer v. Derwinski, 3 Vet. App. 223 (1992); see also Gilpin v. West, 155 F.3d 1353 (Fed. Cir. 1998) (service connection may not be granted unless a current disability exists). Accordingly, service connection is not warranted. The Board acknowledges the Veteran’s assertion that he has not been afforded a VA examination. However, the Veteran has not provided lay or medical evidence establishing a diagnosis; showing that the claimed disability was incurred in service or manifested within an applicable presumptive period; or indicating how the claimed disability may be associated with service. See McLendon v. Nicholson, 20 Vet. App. 79 (2006). Of note, service records, to include enlistment and separation examinations and reports of medical history, do not document any treatment or complaints of a back disability in service. Consequently, an examination is not warranted. Service connection for a lower back disability is not warranted, and the claim must be denied. Hearing Loss Having reviewed the record, the Board finds that service connection is not warranted for a bilateral hearing loss disability as the Veteran does not have hearing loss considered as disabling for VA compensation purposes. 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, 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. In an August 2014 examination, speech recognition scores were 100 percent in the left ear and 100 percent in the right ear. Puretone thresholds were as follows: HERTZ 500 1000 2000 3000 4000 AVG. RIGHT 20 20 25 25 20 22.5 LEFT 25 20 25 25 20 22.5 Here, the Veteran’s hearing loss does not meet the requirements under § 3.385 to be considered a disability for VA purposes. The medical evidence does not show an auditory threshold of 40 decibels or greater, auditory thresholds of 26 decibels or greater for at least three of the frequencies, and does not show speech recognition scores of less than 94 percent. Accordingly, the Veteran does not have a bilateral hearing loss disability for VA purposes, and service connection is not warranted. The claim must be denied. Heart Condition Having reviewed the record, the Board finds that service connection is not warranted for a heart condition. The first element of service connection has been met as the Veteran has a diagnosis of ischemic heart disease. See November 2017 VA Treatment Record. However, the second element of service connection has not been met. Service records, to include enlistment and separation examinations and reports of medical history, do not document any treatment or complaints of a heart condition in service. Likewise, the Veteran has not provided any lay evidence establishing an in-service incurrence or manifestation, other than general assertions requesting service connection. Accordingly, the elements of service connection have not been met. Service connection must be denied. The Board acknowledges the Veteran’s assertion that he has not been afforded a VA examination. However, the Veteran has not provided lay or medical evidence establishing that the claimed condition was incurred in service or manifested within an applicable presumptive period; or indicating how the claimed disability may be associated with service. See McLendon, 20 Vet. App. 79. Consequently, an examination is not warranted. Service connection for a heart condition is not warranted, and the claim must be denied. K. J. ALIBRANDO Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S. Vang, Associate Counsel