Citation Nr: 18146303 Decision Date: 10/31/18 Archive Date: 10/31/18 DOCKET NO. 15-14 264 DATE: October 31, 2018 ORDER Service connection for bilateral hearing loss is granted. FINDING OF FACT The competent and credible evidence of record demonstrates that the Veteran’s bilateral hearing loss disability is related to his in-service noise exposure. CONCLUSION OF LAW The criteria for service connection for bilateral hearing loss disability are met. 38 U.S.C. §§ 1110, 1131, 1154, 5103A, 5017; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.385. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran testified before the undersigned Veterans Law Judge in an October 2018 video conference hearing. A transcript of that hearing has been associated with the file. The Veteran attributes his bilateral hearing loss disability to his in-service exposure to hazardous noise associated with training for bridge building, demolitions, and explosions during live fire combat crawls in training. During service he was a combat engineer and received a Sharp Shooter Badge with Rifle Bar Medal. He provided competent, credible and honest testimony describing his exposure to noise pre- and post-service, but provided detailed testimony describing that the most significant noise exposure was during service. The Board acknowledges that the Veteran is competent to report in-service noise exposure, including being around hazardous noise such as explosions, and that he experienced hearing difficulties during active duty. Furthermore, the Board finds his reports of in-service noise exposure credible as such are consistent with the type and circumstances of his military service. 38 U.S.C. §1154(a) (due consideration must be given to the places, types, and circumstances of a veteran’s service). Accordingly, the Board finds that the Veteran’s lay statements concerning his exposure to noise during his military service, and his lay statements concerning the onset, nature, and progression of his hearing problems are both competent and credible lay evidence of such. The Veteran was afforded a VA audiological examination in April 2014 and it shows a hearing loss disability for VA purposes. The first element of service connection for bilateral hearing loss, a current disability, is satisfied. See 38 C.F.R. § 3.385. Turning to the question of whether there is nexus, or link, between the Veteran’s bilateral hearing loss disability and his in-service noise exposure the Board finds that there are competent, credible medical records and testimony in evidence. An August 2013 private audiological evaluation indicates a correlation between the bilateral hearing loss and service. The private examiner opined that the Veteran’s hearing loss is as least as likely as not caused by his in-service noise exposure. The examiner did acknowledge and note the Veteran’s non- in-service noise exposure, but clearly attributed the in-service noise exposure as the contributor to the Veteran’s bilateral hearing loss. This evaluation was performed by a licensed audiologist who treated the Veteran on at least two occasions with respect to his hearing loss. The April 2014 VA examiner opined that the Veteran’s bilateral hearing loss was not related to service, basing the opinion on the entrance and separation examinations not showing significant change in thresholds in either ear. The examiner also concluded that the Veteran’s hearing loss pre-existed service, pointing to the enlistment audiogram. The Board notes that the enlistment audiogram indicates a pure tone threshold of 40 at 4000Hz in the left ear and 55 at 4000Hz in the right ear, which is considered a hearing loss disability for VA purposes. However, these two noted pure tone thresholds alone do not rise to the level of clear and unmistakable evidence that his hearing loss preexisted his military service. Therefore, he is presumed sound. Further, there were threshold shifts noted during service. The audiograms from the entrance examination and the separation examination clearly demonstrate a level of hearing loss at 4000 Hertz. The Veteran has provided competent, credible testimony describing the onset of his hearing loss, and how it has continued to present. There are positive and negative opinions of records, and evidence of pre- and post-service noise exposure. Nevertheless, the Board finds the positive and negative evidence to be in relative equipoise. (Continued on the next page)   Therefore, resolving all reasonable doubt in the Veteran’s favor, service connection for bilateral hearing loss has been established. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD T. Talamantes, Associate Counsel