Citation Nr: 21000801 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 16-28 315 DATE: January 6, 2021 ORDER Entitlement to service connection for a right ear hearing loss disability is denied. FINDING OF FACT The Veteran does not have a current diagnosis of right ear hearing loss disability for VA compensation purposes. CONCLUSION OF LAW The criteria for service connection for right ear hearing loss disability have not been met. 38 U.S.C. §§ 1131, 1112, 1113, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.304, 3.385. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the Army for the periods January 2006 to May 2006 and January 2010 to January 2011. Entitlement to service connection for a right ear hearing loss disability The Board reopened service connection for a claimed bilateral hearing loss disability in September 2019 and remanded for an examination. In January 2020, the Veteran underwent a VA hearing loss disability examination. The VA examiner found hearing loss in the left ear and provided a positive nexus opinion for the left ear. However, the right ear did not meet the criteria for a right ear hearing loss disability under 38 C.F.R. § 3.385, and the right ear was diagnosed with normal hearing. Based on these findings, in a September 2020 rating decision, the Agency of Original Jurisdiction (AOJ) granted service connection for a left ear hearing loss disability effective July 18, 2013. The Veteran’s right ear hearing loss disability remained denied and as a result it is the only issue before the Board at this time. The Veteran seeks service connection for a right ear hearing loss disability, which he asserts was incurred in or caused by military service due to excessive noise exposure. Under the relevant laws and regulations, service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131. 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). 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, 4000 Hertz (Hz) is 40 decibels (dB) or greater, or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, 4000 Hz are 26 dB or greater, or when speech recognition scores using the Maryland CNC Test are less than 94 percent. 38 C.F.R. § 3.385. The Court has held that service connection can be granted for hearing loss disability where the Veteran can establish a nexus between the current hearing loss disability and a disability or injury suffered while in military service. Godfrey v. Derwinski, 2 Vet. App. 352, 356(1992). The Court has also held that VA regulations do not preclude service connection for hearing loss disability which first met VA’s definition of disability after service. Hensley v. Brown, 5 Vet. App. 155, 157 (1993). In this case, the Board determines that service connection is not warranted for right ear hearing loss disability, as the Veteran does not have current hearing loss disability in his right ear for VA purposes. The Veteran’s service treatment records (STRs) reveal that on a post-deployment health assessment following deployment to Iraq, dated December 18, 2010, the Veteran noted having trouble hearing following deployment. All audiograms performed during military service were within normal limits. The Veteran’s STRs do not indicate any threshold shift in his hearing. As a preliminary matter, the Board concedes that the Veteran was exposed to significant noise during service. Specifically, the Veteran’s DD214 revealed that the Veteran’s military occupational specialty (MOS) was “Cannon Crewmember”. The Veteran served in Iraq from March 17, 2010 through December 16, 2010, and received the Combat Action Badge; therefore, noise exposure and possible acoustic trauma is conceded. However, military noise exposure alone is not sufficient to award service connection; rather, the noise exposure must have resulted in a hearing loss disability. In June 2011, the Veteran was afforded a VA Examination, with claims file review, regarding the Veteran’s claimed right ear hearing loss disability. The examiner reviewed the Veteran’s MOS and history of in-service noise exposure. The Veteran reported in-service noise exposure and denied occupational and recreational noise exposure in post-service. On the authorized audiological evaluation in June 2011, pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 5 15 13 10 5 Speech audiometry revealed speech recognition ability of 100 percent in the right ear. The examiner noted that the Veteran’s right ear reflects a diagnosis of normal hearing. In December 2014 the Veteran attended a Beckley VAMC audiogram. The right ear was noted to be normal. The numerical puretone threshold findings were not recorded in the medical notes. In September 2015 the Veteran testified before the Decision Review Officer and the testimony is of record. The Veteran explained that he served as a Cannon Crew member, he experienced combat and was exposed to loud noises, and he noticed hearing loss in service. In February 2016, the medical notes indicate that the Veteran attended a Beckley VAMC audiological re-evaluation. Notes indicate that the “Patient reports decreased hearing and tinnitus bilaterally.” Puretone testing revealed hearing within normal limits in the right ear and hearing within normal limits sloping to a mild SNHL in the left ear. Speech reception thresholds were in agreement with pure tone findings. Speech discrimination scores were noted as 96% bilaterally. The numerical puretone threshold findings were not recorded in the medical notes. In January 2020, the Veteran was afforded a VA examination to evaluate his claimed bilateral hearing loss. On the authorized audiological evaluation in January 2020, pure tone thresholds for the right ear, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 15 15 25 15 15 Speech audiometry revealed speech recognition ability of 98 percent in the right ear. The Board finds that the audiological testing of record shows that the Veteran has no current hearing loss disability in his right ear for VA purposes, and, as such, there can be no valid claim for service connection for hearing loss disability. Boyer v. West, 210 F.3d 1351, 1353 (Fed. Cir. 2000); Giplin v. West, 155 F.3d 1353 (Fed. Cir. 1998); Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992) (indicating service connection presupposes a current diagnosis of the condition claimed). Specifically, because the Veteran’s auditory thresholds in any of the frequencies 500, 1000, 2000, 3000, 4000 Hz is not 40 decibels or greater; his auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, or 4000 Hz are not 26 decibels or greater; and his speech recognition scores using the Maryland CNC Test are not less than 94 percent, the Veteran’s claimed bilateral hearing loss disability is not a disability for the purposes of applying the laws administered by VA. 38 C.F.R. § 3.385. The audiometric testing of record does not include any findings that would warrant a compensable evaluation for the Veteran’s hearing loss disability. Service connection for hearing loss disability is not warranted. The Board has not overlooked the Veteran’s statements supporting his claim. However, while the Veteran is competent to report symptoms of a disability, he is not shown to have the specialized medical training required to render a diagnosis for a complex medical condition such as sensorineural hearing loss disability. See Layno v. Brown, 6 Vet. App. 465, 470 (1994); Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). The Veteran has not provided any other competent or credible medical evidence to establish that he has a current diagnosis of bilateral hearing loss disability pursuant to 38 C.F.R. § 3.385. The statements of the Veteran are sufficient to establish a factual basis of hearing loss; however, the Board is unable to evaluate the severity of hearing loss based on the statements. Accordingly, the Board concludes that the preponderance of the evidence is against the claim of service connection for a bilateral hearing loss disability and there is no   doubt to be otherwise resolved. 38 U.S.C. § 5107 (b); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). Therefore, the appeal is denied. DAVID L. WIGHT Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M.M. Schneider 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.