Citation Nr: 18149942 Decision Date: 11/14/18 Archive Date: 11/14/18 DOCKET NO. 15-03 881 DATE: November 14, 2018 ORDER Service connection for bilateral hearing loss is granted. Service connection for bilateral lower extremity neuropathy is granted. FINDINGS OF FACT 1. The Veteran’s bilateral hearing loss is reasonably shown to be related to or caused by his exposure to loud noise in service and consequent injury (acoustic trauma). 2. The Veteran’s exposure to herbicide agents is established based on his service in Vietnam during the Vietnam era. 3. The Veteran’s peripheral neuropathy manifested itself within one year after his service in Vietnam. CONCLUSIONS OF LAW 1. The criteria for service connection for bilateral hearing loss have been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.385 (2017). 2. The criteria for service connection for bilateral lower extremity neuropathy also have been met. 38 U.S.C. §§ 1110, 1112, 1113, 1116, 1137, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from September 1965 to September 1967. In his substantive appeal dated January 2015, the Veteran requested a live videoconference hearing. He notified VA that he wished to withdraw his hearing request in October 2018. Service Connection Service connection may be granted for a disability due to a disease or injury incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. §§ 3.303, 3.304. To substantiate a claim of service connection, there must be evidence of: (1) a present disability; (2) incurrence or aggravation of a disease or injury in service; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). The determination as to whether these requirements are met is based on an analysis of all the evidence of record and an evaluation of its credibility and probative value. Baldwin v. West, 13 Vet. App. 1 (1999); 38 C.F.R. § 3.303(a). Some chronic diseases (to include neuropathy) may be presumed to have been incurred in service if they become manifest to a degree of 10 percent or more within a specified period of time post-service (one year for the aforementioned disabilities). 38 U.S.C. §§ 1112, 1133; 38 C.F.R. §§ 3.307, 3.309. Certain diseases may be presumed to be service-connected if manifested in a Veteran who was exposed to herbicide agents in service. Veterans who served in Vietnam during the Vietnam era are presumed to have been exposed to herbicide agents in service. 38 U.S.C. § 1116; 38 C.F.R. §§ 3.306(a)(6)(ii), 3.309(e). Neuropathy is associated with herbicide agent exposure for purposes of the presumption. 38 C.F.R. § 3.309(e). 1. Service connection for bilateral hearing loss The June 2103 VA examination shows the Veteran has a current diagnosis of bilateral hearing loss. The Veteran served in the transportation unit, driving a truck and making frequent deliveries to air strips. The Board finds he experienced noise exposure in service. In a July 2013 letter, the Veteran reported that he was given a hearing test in January 1968 at his first job after leaving service. He reported being told that he had significant hearing loss at that time. The Veteran submitted a letter from Dr. B.B., a doctor of audiology, in October 2018. Dr. B.B. reviewed the Veteran’s service treatment records, post-service noise exposure, and audiometric examinations. Dr. B.B. opined that it was at least as likely as not that the Veteran’s hearing loss is a result of his noise exposure while in service. The Board notes that the June 2013 VA examiner provided a negative nexus opinion, however, this opinion was based merely upon a lack of documented hearing loss in service. Therefore, the Board finds the June 2013 opinion inadequate. Accordingly, service connection for bilateral hearing loss is warranted. 2. Service connection for bilateral lower extremity neuropathy, to include as due to herbicide agent exposure The Veteran has a current diagnosis of peripheral neuropathy of the distal lower extremities. See June 2013 VA examination. The Veteran served in Vietnam and is presumed to have been exposed to herbicide agents. The Veteran reported that his neuropathy related symptoms began in January 1968, shortly after he returned from Vietnam. See January 2013 statement of Veteran’s spouse and June 2013 VA examination. Accordingly, the Veteran falls under the herbicide agent presumption pursuant to 38 C.F.R. § 3.307(a)(6)(ii), and service connection is warranted. Keith W. Allen Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. D’Allaird, Associate Counsel