Citation Nr: 18159923 Decision Date: 12/20/18 Archive Date: 12/20/18 DOCKET NO. 14-32 116 DATE: December 20, 2018 ORDER Service connection for right ear hearing loss is granted. FINDING OF FACT Resolving all doubt in the Veteran’s favor, the Board finds that the Veteran’s currently diagnosed right ear hearing loss was incurred during active service. CONCLUSION OF LAW The criteria for service connection for bilateral hearing loss have been met. 38 U.S.C. §§ 1110, 1131, 5103, 5107 (2012); 38 C.F.R. §§ 3.102, 3.159, 3.303 (2017). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1973 to December 1976. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Des Moines, Iowa. In October 2017, the Veteran presented sworn testimony during a video conference Board hearing before the undersigned Veterans Law Judge. A transcript of the hearing has been associated with the Veteran’s claims file. This case was previously before the Board in February 2018, at which time it was remanded for additional development. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. If a condition noted during service is not shown to be chronic, then generally a showing of continuity of symptomatology after service is required for service connection. 38 C.F.R. § 3.303 (b), Walker v. Shinseki, 708 F.3d 1331. (Fed. Cir. 2013). Specific to claims for service connection for hearing loss, impaired hearing is considered a disability for VA purposes when the auditory threshold in any of the frequencies of 500, 1000, 2000, 3000 or 4000 Hertz is 40 decibels or greater; the threshold for at least three of these frequencies are 26 or greater; or when speech recognition scores using the Maryland CNC test are less than 94 percent. 38 C.F.R. § 3.385 (2016). When there is no diagnosis of hearing loss in service, the absence of documented hearing loss in service is not fatal to a service connection claim for such disability, especially if service records indicate a significant in-service threshold shift. Ledford v. Derwinski, 3 Vet. App. 87 (1992); Hensley v. Brown, 5 Vet. App. 155 (1993). Establishing service connection is possible if the current hearing loss can be adequately linked to service. Ledford, 3 Vet. App.at 89. Additionally, other organic diseases of the nervous system, which may include sensorineural hearing, are classified as “chronic diseases” under 38 C.F.R. § 3.309(a); therefore, 38 C.F.R. § 3.303 (b) also applies. 38 C.F.R. § 3.307; Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013); Fountain v. McDonald, 27 Vet. App. 258 (2015) (including tinnitus as an organic disease of the nervous system). Presumptive service connection for “chronic diseases” must be considered on three bases: chronicity during service, continuity of symptomatology since service, and manifestations within one year of the veteran’s separation from service. Walker, 708 F.3d at 1338. Right Ear At the October 2017 Board hearing, the Veteran testified that, during infantry training, he had to go through an infiltration course. It consisted of crawling underneath barbed wire with simulated machine-gun fire and detonated explosives. He was crawling between a bunker and two plastic explosive charges detonated next to him at the same time. The Veteran felt that this incident caused his hearing loss. When the Veteran separated from service, he remembered having problems with both ears and indicated that his right ear has worsened drastically. Pursuant to the February 2018 Board remand, the Veteran was afforded a VA hearing loss examination in August 2018. Pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 45 45 80 95 105+ Speech audiometry revealed speech recognition ability of 80 percent in the right ear. Based on these findings, the examiner diagnosed sensorineural hearing loss. He noted that the Veteran’s hearing at entrance and separation was within normal limits for the right ear. While the Veteran may have encountered loud noises or acoustic trauma while on active duty, the examiner found that there was no evidence it was sufficient to cause permanent hearing loss. As a result of the normal hearing up discharge, the examiner concluded that there was no evidence of hearing damage due to military noise exposure. Any worsening of hearing, he continued, was due to noise exposure between the time of discharge to currently. The record reflects that the Veteran has consistently reported that his hearing loss began in service while he was training. As these statements are not contradicted by any evidence of record and the Board finds them both to be competent and credible. Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). The Board has assigned the examiner’s unfavorable nexus opinion little probative value, as the sole rationale was that hearing was normal at separation. The examiner also completely disregarded the Veteran’s statements as to the onset and continuation of his hearing loss. In summary, the unfavorable VA opinion and the Veteran’s competent, credible testimony regarding continuity of symptomatology place the matter of causal nexus in relative equipoise. See 38 C.F.R. § 3.303 (b). Therefore, resolving all reasonable doubt in favor of the Veteran, the Board finds that the criteria for service connection for right ear hearing loss have been met. 38 U.S.C. § 1110, 1131, 5107(b); 38 C.F.R. § 3.102; 3.303(b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Michael J. Skaltsounis Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD A. Daniels, Associate Counsel