Citation Nr: 18153610 Decision Date: 11/28/18 Archive Date: 11/28/18 DOCKET NO. 16-54 789 DATE: November 28, 2018 ORDER Entitlement to service connection for right ear hearing loss is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, the Veteran’s right ear hearing loss is reasonably shown to be related to his active duty service. CONCLUSION OF LAW The criteria for service connection for right ear hearing loss are 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 served on active duty from June 1990 to July 1992. Entitlement to service connection for right ear hearing loss Service connection is established on a direct basis when there is competent, credible evidence of (1) a current disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a nexus, or link, between the current disability and the in-service disease or injury. 38 U.S.C. §§ 1110, 1131; Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303 (a), (d). Service connection for chronic diseases listed in 38 U.S.C. sections 1101 (3) and 38 C.F.R. § 3.309 (a) may also be established on a presumptive basis if the chronic disease was shown as chronic in service; manifested to a compensable degree within a presumptive period, usually one year, after separation from service; or was noted in service with continuity of symptomatology since service. 38 U.S.C. §§ 1112, 1113; Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013); 38 C.F.R. §§ 3.303 (b), 3.307, 3.309(a). Organic diseases of the nervous system, to include sensorineural hearing loss; arthritis, like degenerative joint disease; and ischemic heart disease are considered chronic diseases for VA purposes. See 38 C.F.R. § 3.309 (a). When there is an approximate balance of positive and negative evidence on an issue material to a determination, the VA resolves reasonable doubt in favor of the claimant. 38 U.S.C. § 5107 (2012); 38 C.F.R. § 3.102 (2016); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). To deny a claim on its merits, the evidence must preponderate against the claim. Alemany v. Brown, 9 Vet. App. 518 (1996). The Veteran is seeking service connection for right ear hearing loss. He contends that during service he was exposed to noise associated with flight line duty while assigned to jet aircraft maintenance as a F-16 Crew Chief. The Veteran further attests that he suffered aggravation to his hearing and ultimately a marked loss of hearing since service. See May 2015 statement. For the purpose of applying the laws administered by the VA, impaired hearing will be considered a disability when: (1) the auditory threshold for any of the frequencies of 500, 1000, 2000, 3000, and 4000 Hertz is 40 decibels or greater; or (2) the auditory thresholds for at least three of those frequencies are 26 decibels or greater; or (3) speech recognition scores using the Maryland CNC Test are less than 94 percent. 38 C.F.R. § 3.385. The Veteran has a current diagnosis of right ear hearing loss for VA purposes. 38 C.F.R. § 3.385. Veterans are competent to attest to noise exposure during service, Layno v. Brown, 6 Vet. App. 465, 470 (1994), and the Veteran’s statements in this case are consistent with the places, types, and circumstances of his military occupation. See 38 U.S.C. § 1154(a); 38 C.F.R. § 3.303(a). Notably, the Veteran is already service-connected for left ear hearing loss and tinnitus, which were determined to be related to his history of noise exposure in service. Therefore, the Veteran’s exposure to noise trauma in service has been established. The question to be resolved in this case is whether the Veteran’s current right ear hearing loss is related to his in-service acoustic trauma. In weighing the evidence of record, the Board finds that the most probative evidence of record is at least in relative equipoise as to whether the Veteran’s right ear hearing loss is related to his service. In February 2016, the Veteran was afforded a VA Audiology examination. The VA audiological examiner opined that the Veteran’s current right ear hearing loss was less likely than not (less than a 50 percent probability) related to his military service. The VA examiner explained that a review of the service treatment records showed normal hearing for VA purposes at entrance and that an exit exam was not found. However, she noted that the Veteran’s National Guard exam, three years after active duty, showed no threshold change for the right ear. As noted above, the Veteran contends that he was exposed to acoustic trauma in service and has had hearing difficulty since. The Veteran’s mother stated that the Veteran has continually exhibited increasing symptoms of hearing loss since service. See May 2015 statement. After reviewing the foregoing evidence, the Board finds more probative the competent and credible lay statements from the Veteran. As noted above, he is competent to provide lay evidence of symptoms, such as continuous difficulty with his hearing ever since service, as they are capable of lay observation. He has also been consistent in his reports of the type of noise exposure he experienced in service. The Board finds no reason to question the sincerity of the Veteran’s claims with respect to his right ear hearing loss. The Board acknowledges that the February 2016 VA examiner provided a negative opinion in this case. However, this opinion was based solely on the lack of documentation of hearing loss for VA purposes in the Veteran’s service treatment records and did not address the Veteran’s competent and credible assertions of having experienced hearing loss since service. While the absence of clinical demonstration of hearing loss after service is for consideration, it is not fatal to, or dispositive of, the claim. The Board finds that the Veteran is credible as his assertions are consistent with the circumstances of his service as an aircraft maintenance specialist, and there is no objective evidence which contradicts such assertions.   Therefore, the Board finds that the evidence is at least in equipoise as to whether the Veteran’s right ear hearing loss is related to active service. Resolving reasonable doubt in the Veteran’s favor, service connection for right ear hearing loss is granted. 38 U.S.C. § 5107(b); 38 C.F.R. §§ 3.102, 3.159(c)(4), 3.303(b), 3.309(a); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). K. PARAKKAL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. Williams, Counsel