Citation Nr: 18149775 Decision Date: 11/13/18 Archive Date: 11/13/18 DOCKET NO. 16-15 701 DATE: November 13, 2018 ORDER Entitlement to service connection for bilateral hearing loss is denied. FINDING OF FACT The probative evidence of record does not reflect current hearing loss disability for VA compensation purposes. CONCLUSION OF LAW The criteria for entitlement to service connection for bilateral hearing loss have not been met. 38 U.S.C. §§ 1101, 1110, 5103, 5103A, 5107 (b) (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from October 1975 to October 1978. This matter comes before the Board of Veterans' Appeals (Board) on appeal of a May 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 1. Entitlement to service connection for Bilateral Hearing Loss The Veteran contends that he currently has bilateral hearing loss disability that is related to in-service hazardous noise exposure. See Form 9, received April 2016. For the purposes of applying the laws administered by VA, impaired hearing will be considered a disability when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz (Hz) is 40 decibels (dB) or greater; or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, or 4000 Hz are 26 dB or greater; or when speech recognition scores using the Maryland CNC Test are less than 94 percent. 38 C.F.R. § 3.385. The existence of a current disability is the cornerstone of a claim for VA disability compensation. 38 U.S.C. § 1110; see Degmetich v. Brown, 104 F.3d 1328, 1332 (1997) (holding that interpretation of 38 U.S.C. §§ 1110 and 1131 as requiring the existence of a present disability for VA compensation purposes cannot be considered arbitrary). In the absence of proof of a present disability, there can be no valid claim. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). Thus, hearing loss disability for VA purposes is defined by 38 C.F.R. § 3.385 and is based on objective audiometric and speech recognition testing. In this case, the record is absent for evidence of current hearing loss disability of either ear as defined under 38 C.F.R. § 3.385 at any time during the appeal period or in proximity to the claim for service connection. See McClain v. Nicholson, 21 Vet. App. 319 (2007); Romanowsky v. Shinseki, 26 Vet. App. 289 (2013). Specifically, the April 2015 VA examination includes an audiogram report revealing the following relevant findings, measured in decibels: HERTZ 500 1000 2000 3000 4000 RIGHT 20 15 20 20 25 LEFT 25 15 15 25 30 The Veteran had 98 percent speech discrimination in the right ear and 100 percent speech discrimination in the left ear on testing using the Maryland CNC word list. Thus, the audiological testing conducted in conjunction with the April 2015 VA examination did not reveal findings that would indicate a hearing loss disability for VA purposes under 38 C.F.R. § 3.385 in either ear. The other audiological measurements of record dated during the appeal period for service connection do not show hearing loss disability for VA purposes in either ear. The treatment records from the University of Utah to include records from Dr. Error and the Audiology department through January 2016 do not reflect hearing loss or conform to VA standards for purpose of VA disability. The Board has considered the Veteran's contention that he has hearing loss that began during his active service. The Veteran, as a lay person, is competent to report that he has difficulty hearing; however, he is not competent to diagnose a hearing loss disability for VA purposes. See Kahana, 24 Vet. App. at 435; Buchanan 451 F.3d at 1336-37. Diagnosing a hearing loss disability for VA purposes involves diagnostic medical testing and requires medical expertise and knowledge the Veteran has not been shown to possess. Therefore, the Veteran's reports of hearing loss do not constitute competent evidence of bilateral hearing loss disability for VA purposes under 38 C.F.R. § 3.385. As noted above, in the absence of proof of a current disability, there can be no valid claim. Brammer, 3 Vet. App. at 225. In this case the record is absent for competent evidence of hearing loss disability of either ear for VA purposes during or in proximity to the appeal period. Without evidence of current hearing loss disability for VA purposes, the Board need not address the other elements of service connection. As the preponderance of the evidence is against the claim, the benefit-of-the-doubt doctrine is not for application, and the claim must be denied. 38 U.S.C. § 5107(b); see also Gilbert, 1 Vet. App. 49, 53 (1990). With respect to the Veteran’s claim herein, VA has met all statutory and regulatory notice and duty to assist provisions. See 38 U.S.C. §§ 5100, 5102, 5103, 5103A, 5106, 5107, 5126 (2012); 38 C.F.R. §§ 3.102, 3.156(a), 3.159, 3.326 (2017); see also Scott v. McDonald, 789 F.3d 1375 (Fed. Cir. 2015). U. R. POWELL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD S.E. Leary, Associate Counsel