Citation Nr: 18158729 Decision Date: 12/17/18 Archive Date: 12/17/18 DOCKET NO. 15-22 050 DATE: December 17, 2018 ORDER Service connection for bilateral hearing loss is granted. Service connection for tinnitus is granted. FINDINGS OF FACTS 1. The Veteran’s current bilateral hearing loss is at least as likely as not (50 percent or greater) the result of his military noise exposure. 2. The Veteran’s current tinnitus is at least as likely as not (50 percent or greater) the result of his military noise exposure. CONCLUSIONS OF LAW 1. The criteria for service connection for bilateral hearing loss have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 2. The criteria for service connection for tinnitus have been met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from December 1968 to December 1969. He is the recipient of numerous awards and decorations, to include the Combat Infantryman’s Badge and a Vietnam Service Medal. This matter is on appeal from a December 2014 rating decision. Service Connection Service connection requires competent evidence showing: (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 or aggravated during service. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). For the purposes of applying the laws administered by VA, impaired hearing will be considered a disability when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, 4000 Hertz is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz 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. The provisions of 38 C.F.R. § 3.385 do not require that hearing loss be shown as defined in that regulation at the time of separation from service, if there is sufficient evidence to demonstrate a relationship between a veteran’s service and his current disability. Hensley v. Brown, 5 Vet. App. 155 (1993). The Court has specifically held that tinnitus is a type of disorder associated with symptoms capable of lay observation. See Charles v. Principi, 16 Vet. App. 370 (2002). As such, the primary role of the Board in adjudicating the tinnitus claim is to assess the credibility of the Veteran’s statements. See Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006). It is the Veteran’s contention that his hearing loss and tinnitus is attributable to significant noise exposure during service. As a combat veteran, and from his credible testimony describing his service, the Board concedes that the Veteran was undoubtedly exposed to extensive military noise during his time in Vietnam. VA regulations do not require hearing loss for VA purposes to be present during service. Rather, hearing loss, if sensorineural in nature, is a “chronic disease” listed under 38 C.F.R. § 3.309 (a); therefore, 38 C.F.R. § 3.303 (b) applies. Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). Where the evidence shows a “chronic disease” in service or “continuity of symptoms” after service, the disease shall be presumed to have been incurred in service. For the showing of “chronic” disease in service, there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time. With chronic disease shown in service or within the presumptive period, subsequent manifestations of the same chronic disease at any later date, however remote, are service-connected, unless clearly attributable to intercurrent causes. Thus, the criteria for service connection may be substantiated by credible lay testimony establishing continuity of symptomatology. The Board notes that the Veteran’s separation examination dated December 1969 indicated that he did not undergo a hearing test and as such, his specifically hearing acuity at separation is not known. The Veteran has been afforded a VA audiological evaluation for his hearing loss, which has confirmed hearing loss for VA purposes. The Veteran has also previously indicated that he has tinnitus which he has attributed to military noise. The Board finds that the Veteran has credibly and consistently reported his exposure to loud noise during service, and that both tinnitus and hearing loss began in service and have continued ever since. The Board finds the Veteran’s testimony competent and credible. The Board also finds that it is at least as likely as not that the Veteran’s hearing loss and tinnitus were caused by his military noise exposure. (Continued on the next page)   The Board is satisfied that this evidence is consistent with a finding of continuity of symptomatology. As such, the criteria for service connection for bilateral hearing loss and tinnitus have been met and the claim is granted. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N.Yeh, Associate Counsel