Citation Nr: 18161230 Decision Date: 12/31/18 Archive Date: 12/31/18 DOCKET NO. 14-25 463A DATE: December 31, 2018 ORDER Entitlement to service connection for bilateral hearing loss is denied. Entitlement to service connection for an acquired psychological condition (including post-traumatic stress disorder) is granted. FINDINGS OF FACT 1. The preponderance of the evidence of record is against finding that the Veteran has, or has had at any time during the appeal, a current diagnosis of bilateral hearing loss for VA purposes. 2. The Veteran’s acquired psychological condition (including post-traumatic stress disorder) is related to stressors during military service. CONCLUSIONS OF LAW 1. The criteria for service connection for bilateral hearing loss are not met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. 2. The criteria for service connection for an acquired psychological condition (including post-traumatic stress disorder) are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from November 1967 to August 1971. The Veteran appeals an August 2012 rating decision from the Department of Veteran Affairs (VA) Regional Office (RO) in St. Petersburg, Florida. The Board notes that the Veteran requested a Board hearing in his July 2014 VA Form 9. However, the Veteran failed to appear at his hearing. The Veteran’s representative submitted an appellate brief in December 2018. Service Connection The Veteran contends that his bilateral hearing loss, and acquired psychological condition (including post-traumatic stress disorder) is related to service. Direct service connection is warranted where the evidence of record establishes that a particular injury or disease results in a present disability that incurred in the line of duty during active military service or, if pre-existing such service, was aggravated thereby. 38 U.S.C. § 1110, 1131; 38 C.F.R. § 3.303(a). Entitlement to service connection for bilateral hearing loss The Veteran’s DD-214 states that the Veteran worked as a security policeman. Further, the Veteran spent two years as a security guard at Korat Thai Royal Air Force Base presumably exposed to aircraft noise. The Veteran was afforded a VA examination in August 2012. He presented the following pure tone thresholds, in decibels: HERTZ 500 1000 2000 3000 4000 RIGHT 15 15 20 35 35 LEFT 15 20 20 25 30 Speech audiometry revealed speech recognition ability of 100 percent in the right ear and of 100 percent in the left ear. As noted above, the first element of service connection requires evidence of a present disability. For the purposes of applying the laws administered by VA, impaired hearing will result in a disability when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, or 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. See 38 C.F.R. § 3.385. Based on the above, the Board finds that service connection for bilateral hearing loss is not warranted. Although the Veteran submitted medical studies in support of a nexus between his hearing loss and service, such evidence does not do away with the requirement that hearing loss must first meet the statutory definition of hearing loss for VA purposes. Essentially, the medical evidence of record, outlined above, shows that the Veteran’s bilateral hearing loss does not yet meet the VA’s definition of “hearing loss”. See 38 C.F.R. § 3.385. Very simply stated, while the Veteran’s hearing may not be what it once was, it is still within a range of “normal”. To be considered for service connection, a claimant must first have a disability. See Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). Consequently, without a current disability, service connection for bilateral hearing loss is not warranted. The Board did consider whether the Veteran should undergo a new VA examination since his last exam was in August 2012. A new examination is appropriate when there is an assertion (and indication) of an increase in severity since the last examination. 38 C.F.R. § 3.159; see also Palczewski v. Nicholson, 21 Vet. App. 174, 181 (2007) (finding that the mere passage of time alone does not require a new VA exam). The evidence of the record does not indicate that there has been an increase in severity of hearing loss. VA medical records found that the Veteran’s hearing was grossly normal, conversational hearing was normal in both ears, and review of symptoms was negative for hearing loss. See May 2017 VA Medical Treatment Record; October 2016 VA Medical Treatment Record; February 2016 VA Medical Treatment Record; January 2015 VA Medical Treatment Record. As such, the Board does not find that the Veteran is warranted a new VA examination for bilateral hearing loss. Entitlement to service connection for an acquired psychological condition (including post-traumatic stress disorder) The Veteran contends that his acquired psychological condition (including post-traumatic stress disorder (PTSD)) is a result of witnessing dead bodies of fellow GI’s and friends in Vietnam, and witnessing a friend die in combat. Service connection for PTSD requires (1) medical evidence diagnosing the condition in accordance with 38 C.F.R. § 4.125(a); (2) a link, established by medical evidence, between current symptoms and an in-service stressor; and (3) credible supporting evidence that the claimed in-service stressor occurred. The Veteran underwent a VA examination in June 2017. The VA examiner noted that the Veteran did not meet the criteria for PTSD under the DSM-V. However, the Veteran does have current diagnosis of “Other Specified Trauma- and Stressor-Related Disorder with subthreshold symptoms of PTSD.” See June 2017 PTSD VA Examination. The Veteran stated that he was exposed to enemy fire in Vietnam, and witnessed the death and injury of others. The VA examiner noted that the Veteran presented the following symptoms: depressed mood, anxiety, mild memory loss, impairment of memory, and intermittently illogical, obscure, or irrelevant speech. The VA examiner opined that the Veteran’s acquired psychological condition was at least as likely as not incurred in, or caused by his time in service. As such, service connection for an acquired psychological condition (including PTSD) is granted. JOHN J CROWLEY Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD Timothy A. Campbell, Associate Counsel