Citation Nr: 18160299 Decision Date: 12/26/18 Archive Date: 12/26/18 DOCKET NO. 17-01 090 DATE: December 26, 2018 ORDER Service connection for hearing loss is denied. REMANDED Service connection a back condition is remanded. FINDING OF FACT There is no competent and credible evidence of a current hearing loss disability for VA purposes. CONCLUSION OF LAW The criteria for service connection of hearing loss have not been met. 38 U.S.C. §§ 1110, 1112, 1113, 1116, 1131, 1137, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.385 (2018). REASONS AND BASES FOR FINDING AND CONCLUSION Veteran served on active duty with the United States Marine Corps from April 2001 to April 2006. This matter comes before the Board of Veterans’ Appeal on appeal of a September 2013 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Philadelphia, Pennsylvania. The Board notes that in perfecting the appeal that the Veteran initiated a new claim for tinnitus on his Form 9 dated December 21, 2016. This matter is referred to the Agency of Original Jurisdiction (AOJ) for appropriate action. Service connection for hearing loss Service connection will be granted if it is shown that the veteran suffers from a disability resulting from personal injury suffered or disease contracted in the line of duty, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty, during active military service. 38 U.S.C.A. §§ 1110, 1131; 38 C.F.R. § 3.303. Disorders diagnosed after discharge will still be service connected if all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d); see also Combee v. Brown, 34 F.3d 1039, 1043 (Fed. Cir. 1994). In order to establish service connection on a direct basis, the record must contain competent evidence of: (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). In the absence of proof of a present disability there can be no valid claim. Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). VA defines hearing loss disability as existing when the puretone threshold at 500, 1000, 2000, 3000, or 4000 Hertz is 40 decibels or greater; or when the thresholds for at least three of those 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. The May 2016 VA contract examination showed no puretone threshold over 20 decibels, and speech recognition scores were 98 percent. The requirements for disability are not met. In the absence of a current disability, the claim must be denied. REASONS FOR REMAND The Veteran contends his back condition resulted from several falls that occurred during service. The first fall was in 2001 when he tripped and he fell while running and injured his ankle. In July 2002 the Veteran fell again while running and injured his wrist. In January 2002, the Veteran fell while working on an aircraft duct injuring his lower back/buttocks and knee. These incidents have contributed to the Veterans back condition. The Veteran further contends that his job responsibilities during service also contributed to his back condition. He claims that he would have to carry aircraft tie-down chains, approximately 8 pounds each in weight, to the jet when it returned from flight. The tie down chains that the Veteran had to carry usually added up to approximately 102 pounds. This was the most pain provoking aspect of his job and the pain arising from this activity is documented in his post deployment as muscle ache and numbness or tingling. The Veteran is competent and credible in reporting these events and circumstances, establishing a likely injury in service, as well as a possible source of a nexus. He also has current evidence of a back disability. Examination is therefore required. 38 U.S.C.A. § 5103A(d); 38 C.F.R. § 3.159(c)(4); McLendon v. Nicholson, 20 Vet. App. 79 (2006). The matter is REMANDED for the following action: 1. Schedule the Veteran for a VA spine examination; the claims folder must be reviewed in conjunction with the examination. The examiner must state whether any current back condition is diagnosed, and if so, whether such is at least as likely as not related to military service. 2. Upon completion of the above, and any additional development deemed appropriate, readjudicate the remanded issue. If the benefit sought remains denied, the Veteran should be provided with a supplemental statement of the case. The case should then be returned to the Board for appellate review if otherwise in order. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Emily A. Kotroco, Law Clerk