Citation Nr: 18146958 Decision Date: 11/05/18 Archive Date: 11/02/18 DOCKET NO. 16-45 238 DATE: November 5, 2018 ORDER Entitlement to service connection for a bilateral hearing loss disability is granted. FINDING OF FACT Resolving reasonable doubt in favor of the Veteran, the Veteran’s bilateral hearing loss disability is related to in-service noise exposure. CONCLUSION OF LAW The criteria for service connection for a bilateral hearing loss disability are met. 38 U.S.C. §§ 1110, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303(a), 3.385 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1969 to October 1970. In October 2018, the Veteran gave testimony at a videoconference hearing before the undersigned Veterans Law Judge. Entitlement to service connection for a bilateral hearing loss disability is granted. 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 will be 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, 5 Vet. App. 155 (1993), 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. The record shows that the Veteran has a current diagnosis of bilateral hearing loss for VA purposes. See VA Examination, June 2015. Regarding his in-service noise exposure, the Veteran stated at the June 2014 VA examination that he was exposed to noise in Vietnam during bunker and guard duty and weekly fire weapons testing. He also stated that while in service he was exposed to noise via the rifle range and hand grenades. He also reported, at the hearing, that he was exposed to noise in his duties as radio repairman. Finally, the Board also notes that the Veteran is service-connected for tinnitus based on his noise exposure in service. See VA examination, June 2015. The record supports the Veteran’s claims, showing that he served as a Field Radio Repairman in the Republic of Vietnam. Accordingly, the Board concedes noise exposure in service. Therefore, the remaining question is whether the currently diagnosed bilateral hearing loss disability is related to the noise exposure in service. The Veteran has indicated that he did not have noise exposure prior to service. At the hearing, the Veteran admitted that he had post-service noise-exposure, but this exposure was limited to short-term job positions for which he wore hearing protection. The Veteran is competent to describe his in-service and post-service experiences, and finds his statements credible. Accordingly, the Board resolves reasonable doubt in the Veteran’s favor, and finds that his currently diagnosed bilateral hearing loss disability is traceable to military service. The Board acknowledges the June 2015 VA examiner’s opinion that the Veteran’s bilateral hearing loss disability is not at least as likely as not caused by or a result of an event in military service. However, the reasoning provided is inadequate and of little probative weight. Indeed, the examiner based the opinion, in part, on the fact that the Veteran’s hearing loss was within normal limits upon separation from service. 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. See Hensley, supra. In addition, the examiner stated that the Veteran reported post-service noise exposure, however, as addressed at the October 2018 hearing, this exposure was only in short-term positions for which he used hearing protection. Accordingly, resolving reasonable doubt in the Veteran’s favor, the Board finds that service connection for bilateral hearing loss disability is warranted and the appeal is granted. 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 K. Foster, Associate Counsel