Citation Nr: 18143400 Decision Date: 10/19/18 Archive Date: 10/18/18 DOCKET NO. 16-54 992 DATE: October 19, 2018 ORDER Service connection for chronic otitis media (ear infections) is granted. FINDING OF FACT The Veteran’s chronic ear infections were incurred in service. CONCLUSION OF LAW The criteria for service connection for chronic otitis media are met. 38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1961 to September 1964. This matter comes on appeal before the Board of Veterans’ Appeals (Board) from a rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Los Angeles, California. The Veteran withdrew his request for a Board hearing in July 2017. Laws and Analysis Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). Establishing service connection generally requires (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 present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). When all the evidence is assembled, VA is responsible for determining whether the evidence supports the claim or is in relative equipoise, with the veteran prevailing in either event, or whether a preponderance of the evidence is against a claim, in which case, the claim is denied. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. Upon review of all the evidence of record, lay and medical, the Board finds that the Veteran’s chronic ear infections were incurred in service. Initially, the Board notes that the Veteran has already been awarded service connection for hearing loss; as such, this disability will not be addressed herein. See June 2017 rating decision. Service treatment records include a July 1962 note where the Veteran was seen for right external otitis. In July 1963, the Veteran was again seen for acute otitis. In a September 1964 Report of Medical History, conducted at service separation, it was indicated that the Veteran had, 4 months prior, experienced an ear infection resulting in hearing trouble. The evidence also includes an October 2015 VA examination. At that time, the Veteran reported that he had numerous ear infections while stationed in Guatemala and after service. The Veteran also indicated that following service separation, he learned to care for his condition without the assistance of a doctor—i. e., by using 90% ETOH drops. The examiner observed that the Veteran had findings attributable to chronic ear infections. However, the examiner provided an opinion that the Veteran’s condition was not related to service – the examiner’s rationale was that he “s[aw] no record of middle ear infections.” Similarly, a July 2017 VA ear Disability Benefits Questionnaire reflects that the Veteran reported that his infections continued after service and required antibiotic drops and pain killer medication. The examiner observed again that the Veteran had signs and symptoms attributable to chronic ear infections. However, the examiner provided an opinion that it was less likely as not that any current symptoms were attributable to service. The examiner’s rationale was that there were not available treatment records to support a nexus. VA treatment records include a June 2016 note where the Veteran was seen for a right ear infection with an onset date of approximately a week. During the evaluation, the Veteran reported having had “similar episodes in the past that started in the service.” The Veteran also indicated that he had significant improvement after using expired ear drops, which had been prescribed in 1996. A diagnosis of possible otitis externa was noted with improvement after using expired drops. Upon review of the evidence of record, the Board finds that the VA medical opinions lack probative value as the examiners’ opinions are based solely on the lack of treatment records and fail to discuss the Veteran’s lay statements regarding his history of symptoms. The Board finds his statements credible and supported by the evidence of record which includes: medical observations that his ears reflect signs and symptoms of chronic infection; his report of chronic infections; in-service records reflecting repeated infections; and VA treatment records observing infection. Upon review of all the evidence of record, both lay and medical, the Board finds that the evidence of record is at least in equipoise as to whether the Veteran’s ear infections were incurred in service and have persisted since service separation. For these reasons, and resolving reasonable doubt in the Veteran’s favor, the Board finds that service connection for otitis media is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. JEBBY RASPUTNIS Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Casadei, Counsel