Citation Nr: 18144528 Decision Date: 10/25/18 Archive Date: 10/24/18 DOCKET NO. 16-11 849 DATE: October 25, 2018 ORDER Entitlement to service connection for bilateral hearing loss disability is granted. FINDING OF FACT Resolving reasonable doubt in his favor, the Veteran’s bilateral hearing loss disability is attributable to noise exposure in service. CONCLUSION OF LAW The criteria for entitlement to service connection for a bilateral hearing loss disability have been satisfied. 38 U.S.C. §§ 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.385 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the Army from August 1980 to August 1983. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a November 2014 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in Chicago, which denied service connection for bilateral hearing loss disability. Service Connection Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. §§ 3.303, 3.304. To establish a right to compensation for a present disability, a Veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service- the so-called “nexus” requirement. See Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004)). Service connection may be granted for any disease initially diagnosed after discharge when all of the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). For the purposes of applying the laws administered by VA, impaired hearing is 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 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. The Court has held that “the threshold for normal hearing is from 0 to 20 dB [decibels], and higher threshold levels indicate some degree of hearing loss.” See Hensley v. Brown, 5 Vet. App. 155, 157 (1993). The Court, in Hensley, indicated that 38 C.F.R. § 3.385 does not preclude service connection for a current hearing disability where hearing was within normal limits on audiometric testing at separation from service, if there is sufficient evidence to demonstrate a relationship between the Veteran’s service and his current disability. When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, the benefit of the doubt shall be given to the claimant. 38 U.S.C. § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49, 54 (1990). Entitlement to Service Connection for Bilateral Hearing Loss Disability Here, the Veteran contends that his current bilateral hearing loss disability was related to noise exposure in service. The Veteran’s military personnel record reflects that he served as a track vehicle repairman, a military occupational specialty where noise exposure is highly probable. He was awarded an Army achievement medal and issued multiple letters of appreciation for his automotive work. The Veteran also stated that he was not afforded hearing protection while working. The Board finds this ample evidence to demonstrate exposure to loud noises while in service. Turning to the evidence of record, the most recent auditory medical examination reflects that the Veteran has a hearing loss disability for VA purposes. See 38 C.F.R. § 3.385. In May 2014, the VA audiologist reported the following puretone thresholds (in decibels): HERTZ 500 1000 2000 3000 4000 RIGHT 50 35 35 45 65 LEFT 70 55 35 50 50 The examiner noted 96 percent word recognition for the right ear and 96 percent word recognition for the left ear. The results showed that the auditory threshold at the frequency of 4000 Hertz was above 40 decibels in both ears. Therefore, the examination established a bilateral hearing loss disability for VA purposes. See 38 C.F.R. § 3.385. Upon consideration of the Veteran’s in-service noise exposure, and the lack of any considerable post-service noise exposure, the Board finds that the Veteran’s currently diagnosed bilateral hearing loss disability is traceable to military service and service connection is warranted. The Board acknowledges the May 2014 VA examination which determined that a medical opinion regarding the likelihood that the Veteran’s hearing loss disability was caused by his military service could not be made without resorting to speculation. However, the reasoning provided is inadequate and the Board accords it little probative weight. Indeed, the examiner based the opinion primarily on the fact that there was no hearing loss indicated prior to separation from service. However, the fact that there was no hearing loss in service is not dispositive of the issue and an opinion based on this fact is inadequate. The Veteran’s exam prior to separation showed that the auditory threshold was still 20 decibels or above indicating some level of hearing loss. See Hensley, supra. The Board is left with a record which shows the Veteran was exposed to noise in service and who currently has a hearing loss disability, which cannot be conclusively disassociated from his noise exposure in service. Accordingly, resolving reasonable doubt in the Veteran’s favor, the Board finds that service connection for bilateral hearing loss disability is warranted. 38 U.S.C. § 5107 (b); 38 C.F.R. §§ 3.102, 3.303, 3.304; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Javed, Associate Counsel