Citation Nr: 18152897 Decision Date: 11/26/18 Archive Date: 11/26/18 DOCKET NO. 17-04 511 DATE: November 26, 2018 ORDER Service connection for bilateral hearing loss is granted. FINDINGS OF FACT 1. The Veteran had active service from April 1953 to April 1956. 2. The Veteran had noise exposure in service; hearing loss has been continuous since that time. CONCLUSION OF LAW Bilateral hearing loss was incurred in service. 38 U.S.C. §§ 1110, 1116, 5103(a), 5103A, 5107 (2012); 38 C.F.R. §§ 3.303, 3.307, 3.309 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSION Service connection may be granted directly as a result of disease or injury incurred in service based on nexus using a three-element test: (1) the existence of a current 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 in or aggravated by service. See 38 C.F.R. §§ 3.303(a), (d); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009). Service connection may be granted on a presumptive basis for diseases listed in § 3.309 under the following circumstances: (1) where a chronic disease or injury is shown in service and subsequent manifestations of the same disease or injury are shown at a later date unless clearly attributable to an intercurrent cause; or (2) where there is continuity of symptomatology since service; or (3) by showing that the disorder manifested itself to a degree of 10 percent or more within one year from the date of separation from service. See 38 C.F.R. § 3.307. Hearing loss is recognized by VA as a “chronic disease” under 38 C.F.R. § 3.309(a); therefore, the presumptive provisions of 38 C.F.R. §§ 3.303(b), 3.307, and 3.309 apply. Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013); Fountain v. McDonald, 27 Vet. App. 258 (2015). Turning to the evidence, hearing loss was noted at a September 2015 VA examination. In this respect, hearing loss is considered a disability for VA purposes when the threshold level in any of the frequencies 500, 1000, 2000, 3000 and 4000 Hertz (Hz) is 40 decibels or greater; when the thresholds for at least three of these frequencies 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. Testing results were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 30 35 80 80 80 LEFT 40 80 95 95 100 Maryland CNC testing results revealed speech discrimination scores of 88 percent in the right ear, and 56 percent in the left ear. Therefore, hearing loss is currently shown. Reports of his symptoms are also well-documented throughout VA treatment records. Thus, the first element of service connection – a current diagnosis – has been met. Next, the evidence supports a finding of in-service acoustic trauma. Specifically, the Veteran’s DD Form 214 reflects that he was an artillery automatic weapons crewman. Additionally, he has reported that he was routinely exposed to loud noises without the use of hearing protection during service. A veteran is competent to report that which he perceives through the use of his senses. See Layno v. Brown, 6 Vet. App. 465, 469 (1994). Further, the Veteran’s statements are consistent with the nature of his service as an artillery automatic weapons crewman, and significant service noise exposure is documented throughout VA treatment records. Further, there is no evidence of record which tends to contradict the Veteran’s assertions. As such, the second element of service connection has been met. Next, as to continuity, the Veteran has indicated that he has experienced hearing loss since service, but that he was unable to obtain help or hearing aids for his disability. While there is an absence of complaints or treatment for hearing loss for many years after service separation, the Board has resolved reasonable doubt in his favor and finds that he had continuous symptoms of hearing loss since service separation and meets the requirements of presumptive service connection under 38 C.F.R. § 3.303(b). The Board notes that a September 2015 VA examination was unable to provide an opinion without resorting to speculation. However, the Board does not need to reach the weight assignable to the VA opinion because service connection is granted on a presumptive basis under 38 C.F.R. § 3.303(b) for the “chronic” diseases of hearing loss (38 C.F.R. § 3.309 (a)) based on a finding of “continuous” symptoms of hearing loss since service rather than on direct service connection. In sum, there is evidence of acoustic trauma in-service and continuous symptoms of hearing loss since service; therefore, hearing loss is presumed to have been incurred in service and the appeal is granted. Because the Board is granting service connection on a presumptive basis based on continuous symptoms of hearing loss since service separation, all other service connection theories are rendered moot. Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board’s consideration. See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). L. HOWELL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Yacoub, Associate Counsel