Citation Nr: 20021811
Decision Date: 03/27/20	Archive Date: 03/27/20

DOCKET NO. 17-45 728
DATE: March 27, 2020

ORDER

Service connection for bilateral hearing loss is granted.

FINDINGS OF FACT

1.The Veteran has bilateral hearing loss for VA purposes. See June 2017 VA examination.

2. At the Veteran’s February 2020 Board hearing, he provided competent and credible testimony that he was a helicopter repairmen and door gunner, then was a crew chief, and flew sorties every day. He arrived in Vietnam about 6 weeks after the Tet offensive in 1968, then he was sent to tech inspector school, and worked in helicopters without hearing protection. The Board finds the Veteran experienced significant noise exposure during service. 

3. In March 2020, the Veteran submitted an opinion by his personal physician specializing in otolaryngology, Dr. I.P. Dr. I.P. stated he reviewed the Veteran’s hearing examinations at entrance and separation from service and found a shift in his hearing. He opined that the hearing loss was likely attributable to the Veteran’s noise exposure in the military service.

4. The Board notes the Veteran underwent a VA examination in June 2017 in which the examiner provided a negative nexus opinion. The examiner stated there was no significant threshold shift in hearing in service, when in fact there was. Because this opinion is based upon in inaccurate factual premise, it cannot be assigned any probative weight. 

CONCLUSION OF LAW

The criteria have been met for service connection for bilateral hearing loss. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.385 (2018).

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from September 1967 to September 1970.

For the reasons outlined above, service connection is warranted for bilateral hearing loss.

 

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	M. D’Allaird, Associate 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.