Citation Nr: 20037544
Decision Date: 06/02/20	Archive Date: 06/02/20

DOCKET NO. 16-06 602
DATE: June 2, 2020

ORDER

Entitlement to service connection for bilateral hearing loss is granted.

FINDING OF FACT

Affording the Veteran the full reasonable doubt, his bilateral hearing loss was either incurred in or caused by service.

CONCLUSION OF LAW

The criteria for entitlement to service connection for bilateral hearing loss have been met. 38 U.S.C. §§ 1110, 1112, 1113, 5107; 38 C.F.R. §§ 3.102, 3.303.

 

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Marine Corps from August 1946 to May 1951. This matter comes before the Board from a March 2014 rating decision.

1. Entitlement to service connection for bilateral hearing loss

The Veteran contends that he has bilateral hearing loss because of active service. Under the relevant laws and regulations, service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110 (2012). Generally, the evidence must show: (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, 1166-67 (Fed. Cir. 2004).

Records show the Veteran was a heavy antiaircraft crewman, fireman, and qualified as a marksman. Such serves as sufficient evidence of in-service noise exposure, which satisfies the second Shedden element. The March 2014 VA examination includes diagnosis of bilateral sensorineural hearing loss. The first Shedden element is satisfied.

In March 2014, a VA examiner noted that the record lacked in-service metric testing, beyond unreliable whisper testing, which precluded him from making the determination that the Veteran’s hearing loss had its initial onset in service. He added that he was also unable to render an opinion on whether the Veteran’s hearing loss was a result of military service or post-service life without resorting to speculation. The examiner specified that “it would be speculative to allocate a degree of his current hearing loss to each of [the] military vs. non-military etiologies...”  

Rather than remanding the claim, the Board finds sufficient evidence to grant.  In brief, the examiner specified that the Veteran’s hearing loss was at least, in part, due to his in-service noise exposure, although to what degree it could not be determined.  Such a finding is sufficient to warrant service connection.  Moreover, the finding is only strengthened by the Veteran’s competent reports suggesting since service.  Resolving all reasonable doubt in the Veteran’s favor, his currently diagnosed bilateral hearing loss was incurred in-service. See 38 C.F.R. § 3.159; Gilbert v. Derwinski, 1 Vet. App. 49, 58 (1990). Entitlement to service connection for bilateral hearing loss is granted.

 

 

MICHAEL A. HERMAN

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	J. L. Burroughs, 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.