Citation Nr: 18158355 Decision Date: 12/14/18 Archive Date: 12/14/18 DOCKET NO. 17-03 709 DATE: December 14, 2018 ORDER Service connection for bilateral hearing loss is granted. FINDINGS OF FACT 1. The Veteran had active service from February to June 1967, with five years and five months of Reserve service. 2. Bilateral hearing loss is etiologically related to acoustic trauma sustained in active service. CONCLUSION OF LAW Bilateral hearing loss was incurred in service. 38 U.S.C. §§ 1131, 5103(a), 5103A (2012); 38 C.F.R. § 3.303 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSION Service connection may be granted on a direct basis as a result of disease or injury incurred in service based on nexus using a three-element test: (1) the existence of a present 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 in an April 2013 treatment record by a private examiner. 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 15 15 35 65 80 LEFT 5 10 35 100 90 Speech discrimination testing revealed 100 percent scores bilaterally. In October 2015, the Veteran was evaluated again by the same private examiner. At that time, testing results were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 10 15 30 65 80 LEFT 10 15 60 95 100 Speech discrimination testing results were 96 percent in the right ear, and a 92 percent in the left ear. In March 2016, a VA examiner evaluated the Veteran’s bilateral hearing loss disability and results were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 15 20 40 65 75 LEFT 10 15 65 90 90 Speech discrimination testing results were 88 percent in the right ear and 92 percent in the left ear. Therefore, hearing loss is currently shown by several different evaluations. Reports of his symptoms are also well-documented throughout VA treatment records. Thus, the first element of service connection – a current diagnosis – has been satisfied. Next, the evidence supports a finding of in-service acoustic trauma. Specifically, the Veteran’s DD Form 214 reflects that he was a fire crewman. Further, in a November 2015 statement, he reported that he was required to fire various types of weaponry to include 155 MM Howitzers, mortars, machine guns, grenades, rocket launchers, rifles, and pistols during both his active service and reserve duty. 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 and his history of significant service noise exposure is documented throughout VA treatment records and conceded by VA. Further, there is no evidence of record which tends to contradict the Veteran’s testimony. As such, the second element of service connection has been met for both appeals. Next, as to continuity, the Veteran has indicated that he has experienced hearing loss since service. 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 further notes that the April 2013 and October 2015 private examiner, as well as the March 2016 VA examiner both rendered positive etiological opinions stating that the Veteran’s bilateral hearing loss was more likely than not a result of his acoustic trauma during service. Therefore, the medical evidence supports hearing loss on a direct and presumptive basis. As such, the appeal is granted. L. HOWELL Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. Yacoub, Associate Counsel