Citation Nr: 18158805 Decision Date: 12/17/18 Archive Date: 12/17/18 DOCKET NO. 16-06 478 DATE: December 17, 2018 ORDER Service connection for bilateral hearing loss is granted. Service connection for bilateral tinnitus is granted. FINDINGS OF FACT 1. The preponderance of the evidence supports finding that the Veteran has bilateral hearing loss due to an event, disease, or injury in service, to include military noise exposure. 2. The preponderance of the evidence supports finding that the Veteran has bilateral tinnitus due to an event, disease, or injury in service, to include military noise exposure. CONCLUSIONS OF LAW 1. The criteria for entitlement to 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 service from May 1951 to December 1953, including service during the Korean Conflict. The Veteran testified at a December 2018 Board hearing before the undersigned Veterans Law Judge. Service Connection Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110. Service connection for chronic diseases, like tinnitus and sensorineural hearing loss, can be established through objective medical evidence, the application of statutory presumptions, or based on a continuity of symptomatology. 38 C.F.R. §§ 3.307, 3.309; Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). In addition to the general requirements for service connection, there are also specific requirements regarding what constitutes a hearing loss disability under VA law. The threshold for normal hearing is from 0 to 20 decibels (dB). Hensley v. Brown, 5 Vet. App. 155 (1993). For the purposes of applying the laws administered by VA, impaired hearing will be considered to be a disability when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, 4000 Hz is 40 dB or greater; when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, or 4000 Hz are 26 dB or greater; or when speech recognition scores using the Maryland CNC Test are less than 94 percent. 38 C.F.R. § 3.385. The Veteran asserts that his hearing loss and tinnitus are the result of military noise exposure during his active service. The Board has carefully reviewed the evidence of record and finds that the preponderance of the evidence supports an award of service connection for both disabilities. The Veteran’s December 1953 separation examination is silent for any indication that he received audiometric testing, thus his specific hearing acuity at separation is not known. During an April 2015 VA treatment encounter, the Veteran was assessed with speech recognition scores of 76 percent in the right era and 84 percent in the left ear. These scores are sufficient to establish that the Veteran currently experiences hearing loss for VA purposes. During the same April 2015 VA treatment encounter the Veteran reported active duty service as an x-ray technician where he was exposed to noise from power tools, firearms and mortar with no hearing protection. Additionally, during his December 2018 Board hearing, the Veteran testified that he first noticed ringing in his ear while in service and that he has continued to experience ringing to this day. The Veteran’s spouse also testified that the two have been married since 1956 and that she noticed that the Veteran spoke louder after his return from active service as compared to before enlistment in active service. The Veteran’s credible lay statements during his treatment encounter and at Board hearing are sufficient to establish in-service noise exposure. Additionally, the Veteran’s testimony and his spouse’s testimony are sufficient to establish that the Veteran has experienced hearing loss and tinnitus continually since his separation from service. (Continued on the next page)   In this case, the Veteran is uniquely situated to report when he first began to experience symptoms of tinnitus and hearing loss. 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 is satisfied that this evidence is consistent with a finding of a continuity of symptomatology. Accordingly, service connection for bilateral hearing loss and tinnitus is granted. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. I. Sims, Associate Counsel