Citation Nr: 20042329 Decision Date: 06/22/20 Archive Date: 06/22/20 DOCKET NO. 13-09 285 DATE: June 22, 2020 ORDER Service connection for bilateral hearing loss is denied. FINDING OF FACT The Veteran does not have bilateral hearing loss for VA purposes. CONCLUSION OF LAW The criteria to establish entitlement to service connection for bilateral hearing loss have not been met. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. §§ 3.303 (b), (d), 3.307(a)(3), 3.309(a). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Air Force from February 1987 to April 1990, May 2005 to July 2005, June 2007 to August 2007, August 2008 to November 2008, including combat service in Iraq. He also served in the Oklahoma Air Force National Guard. His decorations include the Air Force Outstanding Unit Award with “V” Device. Service Connection Service connection may be granted for a current disability arising from a disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131. Service connection may be granted for any disease diagnosed after discharge when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). Service connection generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of an in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Impaired hearing will be considered a disability when the thresholds for any of the frequencies of 500, 1000, 2000, 3000 and 4000 Hertz are 40 decibels or more; or the thresholds for at least three of these frequencies are 26 decibels; or speech recognition scores using the Maryland CNC Test are less than 94 percent. 38 C.F.R. § 3.385. The Veteran claims entitlement to service connection to bilateral hearing loss following noise exposure as a jet engine technician while on active duty. In his November 2015 Board hearing, the Veteran testified to having first noticed his bilateral hearing loss during service. An October 2019 service audiogram revealed the following findings: HERTZ 1000 2000 3000 4000 RIGHT 20 15 20 35 LEFT 15 15 25 30 A May 2017 service audiogram revealed no bilateral hearing loss for VA purposes. His speech reception threshold left ear was documented as 25 dB HL with a pure tone average of 16.25 dB HL and documented 30 dB HL at 4000 Hz. Speech recognition ability was listed as 90 percent in the left and 94 percent in the right ear using the Maryland CNC word list. A September 2012 service audiogram revealed no bilateral hearing loss for VA purposes: HERTZ 1000 2000 3000 4000 RIGHT 15 15 20 20 LEFT 15 10 10 20 Speech recognition ability was listed as 96 percent in the left and right ear using the Maryland CNC word list. The audiogram results revealed no bilateral hearing loss for VA purposes. The Board notes that the October 2019 examiner opined that the Veteran’s hearing loss was at least as likely as not caused by an event in military service. Similarly, the private examiner opined that the Veteran’s hearing loss was “as likely as not related to his military experience as a Jet Engine Technician.” Here, despite the positive nexus opinions linking the Veteran’s hearing loss to service, this claim must be denied because the Veteran does not have hearing loss for VA compensation purposes. See Palczewski v. Nicholson, 21 Vet. App. 174, 178-80 (2007) (specifically upholding the validity of 38 C.F.R. § 3.385 to define hearing loss for VA compensation purposes). Because the evidence shows that the Veteran does not have bilateral hearing loss for VA purposes, service connection must be denied. STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Booker 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.