Citation Nr: 18156701 Decision Date: 12/10/18 Archive Date: 12/10/18 DOCKET NO. 16-32 895 DATE: December 10, 2018 ORDER Service connection for right ear hearing loss is denied. REMANDED Service connection for left ear hearing loss is remanded. FINDING OF FACT The preponderance of the evidence of record is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of right ear hearing loss. CONCLUSION OF LAW The criteria for service connection for right ear hearing loss are not met. 38 U.S.C. §§ 1110, 1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a), 3.385. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the U.S. Navy from July 1989 to January 1992. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a March 2015 rating decision. Service connection for right ear hearing loss The Board concludes that the Veteran does not have a current diagnosis of right ear hearing loss and has not had one at any time during the pendency of the claim or recent to the filing of the claim. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007); 38 C.F.R. § 3.303(a), (d). Under 38 C.F.R. § 3.385, hearing loss is considered a disability for VA purposes when pure tone thresholds in any of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies are 26 decibels or greater; or when speech recognition scores using the Maryland CNC test are less than 94 percent. During a March 2015 VA examination, pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 Right Ear 20 25 25 25 35 Speech audiometry also revealed speech recognition ability of 100 percent in the right ear. A comparison between these findings and the criteria of 38 C.F.R. § 3.385 shows that a current right ear hearing loss disability is not present. While the Veteran believes she has current right ear hearing loss, she is not competent to provide a diagnosis in this case. The issue requires specialized testing in accordance with VA regulations. 38 C.F.R. § 4.85a. Consequently, the Board gives more probative weight to the competent medical evidence, which shows no current disability. REASONS FOR REMAND Service connection for left ear hearing loss is remanded. The Board cannot make a fully-informed decision on the issue of left ear hearing loss because the VA opinion of record is not adequate. The March 2015 VA examination diagnosed current left ear hearing loss for VA purposes. The examiner nonetheless concluded that this disability was not related to service. The only basis for that opinion was that the Veteran’s separation examination showed normal hearing. However, VA regulations do not preclude service connection for hearing loss solely on the basis that hearing levels were within normal limits at the time of a claimant’s separation from service. Hensley v. Brown, 5 Vet. App. 155, 159 (1993). A supplemental opinion is required. The matter is REMANDED for the following action: 1. Obtain an addendum opinion from an appropriate clinician regarding whether the Veteran’s left ear hearing loss is at least as likely as not related to service, including aircraft noise exposure in service. In making this determination, the examiner should consider the Veteran’s pure tone thresholds from her May 1989 enlistment examination, July 1989 service examination, December 1991 separation examination, and March 2015 VA examination. The examiner should also consider the Veteran’s history of aircraft noise exposure in service, as well as post-service occupational noise exposure as a firefighter and recreational noise exposure from target shooting with hearing protection as reported in her November 2014 VA records. The examiner is advised that citing to the Veteran’s normal hearing thresholds at separation, alone, is not a sufficient basis for concluding that current left ear hearing loss is not related to service. However, he/she may cite to medical literature or other supporting evidence to support such a conclusion. M. Tenner Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Shamil Patel, Counsel