Citation Nr: 18146473 Decision Date: 10/31/18 Archive Date: 10/31/18 DOCKET NO. 18-15 736 DATE: October 31, 2018 ORDER Service connection for left ear sensorineural hearing loss is granted. REMANDED The issue of the initial rating for the service connected bilateral sensorineural hearing loss disability is remanded. FINDING OF FACT Left ear sensorineural hearing loss disability originated during active service. CONCLUSIONS OF LAW The criteria for service connection for left ear sensorineural hearing loss have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.385. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from June 1951 to June 1955. In her October 2018 Written Brief Presentation, the accredited representative advanced contentions which may be reasonably construed as seeking to reopen the claim of service connection for tinnitus. The Veteran should be provided with the appropriate claim form in order to submit an application to reopen the claim of service connection for tinnitus if he desires. Service Connection for Left Ear Hearing Loss The Veteran contends that his left ear hearing loss is due to his naval gunfire related noise exposure. Service connection may be granted for recurrent disability arising from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131; 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). Service connection for impaired hearing shall be established when the thresholds for any of the frequencies of 500, 1000, 2000, 3000 and 4000 Hertz are 40 decibels or more; or the thresholds for at least three of these frequencies are 26 decibels; or speech recognition scores using the Maryland CNC Test are less than 94 percent. 38 C.F.R. § 3.385. The service treatment records do not refer to left ear hearing loss disability. Service connection has been established for right ear hearing loss secondary to in service noise exposure. The report of a June 2017 Department of Veterans Affairs (VA) audiological examination and a June 2017 addendum thereto states that the Veteran reported that he served as a boatswain’s mate while in the Navy and was exposed to firing five inch and 40 millimeter naval gunfire. On audiological evaluation, the Veteran exhibited pure tone thresholds, in decibels, as follows: HERTZ 500 1000 2000 3000 4000 LEFT 105+ 95+ 105 105 105+ Speech audiometry revealed speech recognition ability of 0 percent in the left ear. The Veteran was diagnosed with bilateral sensorineural hearing loss. The examiner commented that: “the Veteran’s current high frequency hearing loss may be consistent with such a[n in service noise injury;” “based on his reported history of military noise exposure, the Veteran was likely exposed to noise levels adequate to cause a high frequency hearing loss;” “there is no evidence to refute the Veteran’s claim for hearing loss due to the lack of any valid, in-service audiograms, so based on his lay testimony and the rationale discussed above, hearing loss is deemed at least as likely as not caused by or a result of military noise exposure;” and “it is not possible to distinguish the effect of noise exposure on the left ear from the sudden hearing loss in February 2016.” The Veteran has been diagnosed with left ear sensorineural hearing loss consistent with a history of noise exposure. Given the findings of the June 2017 VA audiological examination report, the Board finds the evidence is in at least equipoise as to whether the Veteran’s left ear hearing loss disability originated during active service. Resolving all reasonable doubt in the Veteran’s favor, the Board concludes that service connection for left ear sensorineural hearing loss is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. REASONS FOR REMAND The issue of an initial compensable rating for bilateral sensorineural hearing loss disability is remanded. Given the award of service connection for left ear sensorineural hearing loss above, the Agency of Original Jurisdiction should readjudicate the issue of an initial compensable rating for the service connected hearing loss disability. Readjudicate the issue of an initial compensable rating for the service connected hearing loss disability. J. T. HUTCHESON Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Dellarco, Associate Counsel