Citation Nr: 20004288 Decision Date: 01/17/20 Archive Date: 01/17/20 DOCKET NO. 19-04 821 DATE: January 17, 2020 ORDER Entitlement to service connection for left ear hearing loss is granted. REMANDED Entitlement to an initial compensable rating for right ear hearing loss is remanded. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, his left ear hearing loss is at least as likely as not related to noise exposure during active service. CONCLUSION OF LAW The criteria for service connection for left ear hearing loss are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from November 1964 to December 1967. Entitlement to service connection for left ear hearing loss Service connection may be established for a disease or injury incurred in or aggravated by service. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303, 3.304. Service connection may also be established for certain chronic diseases manifested to a compensable degree within a presumptive period following separation from service. 38 C.F.R. §§ 3.307, 3.309. Sensorineural hearing loss is a chronic disease with a presumptive period of one year. 38 C.F.R. §§ 3.307, 3.309. 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, 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. The Veteran’s left ear hearing loss is shown by the April 2018 VA examination to meet the criteria to be considered a disability for VA purposes. The Board also notes that the Veteran has already been granted service connection for right ear hearing loss due to noise exposure experienced during active service. Thus, hazardous noise exposure has been conceded. Service treatment records fail to show any left ear hearing loss. In fact, at the separation examination, the Veteran was found to have normal left ear hearing. The April 2018 VA examiner acknowledged that the Veteran’s left ear hearing loss was normal at separation and that there were no permanent threshold shifts in hearing acuity. Therefore, the examiner determined that it was less likely than not that the Veteran’s left ear hearing loss was related to his service. Significantly, however, the record also reflects the Veteran’s competent and credible reports of worsening hearing loss since separation from service. The Board finds no reason to doubt the Veteran’s credibility. Additionally, the Veteran is competent to report the occurrence of such symptoms as they are within his realm of personal and firsthand knowledge. Barr v. Nicholson, 21 Vet. App. 303, 307-08 (2007) (holding that lay testimony is competent to establish the presence of observable symptomatology); Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). Further, the Board notes that the Veteran’s credible reports of noise exposure are consistent with the circumstances of his service and with VA’s prior concession of in-service acoustic trauma. Accordingly, taking all reports into account, the Board concludes that the evidence is in relative equipoise, meaning that the evidence for and against the Veteran’s claim for service connection for left ear hearing loss is essentially equal. In such circumstances, the regulations dictate that reasonable doubt is to be resolved in the Veteran’s favor. Accordingly, as the benefit-of-the-doubt rule is for application, the Board finds that the grant of service connection for left ear hearing loss is warranted. 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102. REASONS FOR REMAND Entitlement to an initial compensable rating for right ear hearing loss The above grant of service connection for left ear hearing loss may affect the resolution of the Veteran’s claim for an initial compensable rating for right ear hearing loss, as right ear and left ear hearing loss are rated together. The issues are inextricably intertwined. Harris v. Derwinski, 1 Vet. App. 180, 183 (1991); Holland v. Brown, 6 Vet. App. 443 (1994); Henderson v. West, 12 Vet. App. 11 (1998). Further, the Board finds that a new audiological examination should be conducted to determine the Veteran’s current bilateral hearing acuity. These matters are REMANDED for the following action: Schedule the Veteran for a new VA audiological examination to determine the current severity of his now service-connected bilateral hearing loss. Any and all studies, tests, and evaluations deemed necessary by the examiner, including the Maryland CNC test and a pure tone audiometry test, should be performed. No action is required of the Veteran until he is notified by VA. However, he is advised of his obligation to cooperate in ensuring the duty to assist is satisfied. Kowalski v. Nicholson, 19 Vet. App. 171 (2005). His failure to report for a VA medical examination may impact the determination made. 38 C.F.R. § 3.655. The Veteran also is advised that he has the right to submit additional evidence and argument with respect to this matter. Kutscherousky v. West, 12 Vet. App. 369 (1999). This appeal must be afforded prompt treatment. THERESA M. CATINO Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Dworkin, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.