Citation Nr: 18143380
Decision Date: 10/19/18	Archive Date: 10/18/18

DOCKET NO. 14-29 041
DATE:	October 19, 2018
ORDER
Entitlement to service connection for bilateral hearing loss is granted.
FINDING OF FACT
It is at least as likely as not that the Veteran’s current bilateral hearing loss was incurred during or caused by his active service. 
CONCLUSION OF LAW
The criteria for entitlement to service connection for bilateral hearing loss have been met.  38 U.S.C. §§  1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty with the United States Air Force from April 1982 to April 1986. 
1. Entitlement to service connection for bilateral hearing loss 
The Veteran contends his hearing loss was caused by his active duty service as an aircraft maintenance specialist with the United States Air Force.  In November 2017, the Veteran testified that he was exposed to high levels of military noise, specifically jet engine noise, while performing his duties as a C-130 crew chief.  Based on the medical evidence of record, the Board finds that the Veteran meets the criteria for entitlement to service connection for bilateral hearing loss. 
Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service.  38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. That an injury or disease occurred in service is not enough; there must be chronic disability resulting from that injury or disease.  In order to prevail on the issue of service connection there must be competent evidence of a current disability; medical evidence, or in certain circumstances, lay evidence of in-service occurrence or aggravation of a disease or injury; and competent evidence of a nexus between an in-service injury or disease and the current disability.  See Hickson v. West, 12 Vet. App. 247, 253 (1999); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004).
When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the VA shall give the benefit of the doubt to the claimant.  38 U.S.C. § 5107(b).
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 has a current diagnosis of bilateral sensorineural hearing loss under 38 C.F.R. § 3.385.  The Veteran’s current bilateral hearing loss was confirmed in a VA hearing loss and tinnitus examination completed in May 2013.  In addition, in an April 2018 medical opinion, following a review of the Veteran’s medical records and November 2017 testimony, a VA examiner noted that the Veteran’s current hearing loss was at least as likely as not incurred during or caused by his active service.  The April 2018 VA medical opinion noted:
The Veteran's [military occupational specialty] carried a high probability of hazardous noise exposure, and significant military noise exposure has been conceded.  He reportedly stated that he has had no significant noise exposure since leaving the service and there is no significant family history of hearing loss.  [The Veteran’s] [h]earing loss configuration is consistent with noise induced damage.  It is at least as likely as not (50% or greater probability) that the Veteran's hearing loss began during service or is caused by his conceded in-service noise exposure.
Based on the above discussed medical evidence, the Board finds that entitlement to service connection for bilateral hearing loss is warranted. 

 
D. Martz Ames
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Riordan, Associate Counsel