Citation Nr: 21000967 Decision Date: 01/06/21 Archive Date: 01/06/21 DOCKET NO. 16-61 156 DATE: January 6, 2021 ORDER Entitlement to service connection for bilateral hearing loss is granted. FINDING OF FACT The evidence is in relative equipoise as to whether the Veteran’s bilateral hearing loss is attributable to military service. CONCLUSION OF LAW The criteria for service connection for bilateral hearing loss have been met. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty with the U.S. Army from July 1969 to March 1971. The Veteran testified at a hearing in January 2021 before the undersigned Veterans Law Judge. Service Connection Entitlement to service connection requires evidence of three elements: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship or nexus between the current disability and the disease or injury incurred or aggravated during active service. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Certain chronic diseases, such as hearing loss, will be presumed related to service if they were shown as chronic (reliably diagnosed) in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service, with continuity of symptomatology since service that is attributable to the chronic disease. 38 U.S.C. §§ 1101, 1112, 1113, 1137; Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013); Fountain v. McDonald, 27 Vet. App. 258 (2015); 38 C.F.R. §§ 3.303, 3.307, 3.309. For the purposes of applying the laws administered by VA, impaired hearing will be considered a disability when the auditory threshold in any of the frequencies of 500, 1000, 2000, 3000, and 4000 Hertz is 40 decibels or greater; or when the thresholds for at least three of these frequencies are 26 decibels or greater; or when speech recognition scores using the Maryland CNC Test are less than 94 percent. See 38 C.F.R. § 3.385. 1. Entitlement to service connection for bilateral hearing loss. The Veteran contends that his bilateral hearing loss began during active service due to acoustic trauma exposure associated with his military occupational specialty (MOS) as a fire crewman, as well as, firing and experiencing fire from heavy artillery. He also reported that he did not have access to hearing protection. The Board of Veterans’ Appeals (Board) notes that the Veteran’s Certificate of Release or Discharge from Active Duty confirms his MOS was as a fire crewman. The Veteran’s service treatment records are silent as to any hearing loss issues or ear disability symptoms. His March 1971 separation examination and report of medical history did not confirm a hearing loss disability. Audio testing at separation indicated normal hearing. The Veteran was afforded a VA examination in August 2014. The examiner diagnosed the Veteran with bilateral hearing loss. He opined the Veteran’s bilateral hearing loss was less likely than not related to service. The rationale noted that the Veteran’s service treatment records did not contain evidence of hearing loss. An Institute of Medicine study on military noise indicated that there was no scientific basis for delayed or late onset noise-induced hearing loss. Statements from the Veteran’s wife, sister, and brother indicated the Veteran consistently asked them to repeat conversations and always had the volume on the tv/radio turned up loud. A private audiologist examined the Veteran in January 2017 and diagnosed mild to moderate – severe sensorineural hearing loss in both ears. In a March 2017 opinion, the private examiner concluded that some portion of his bilateral hearing loss was at least as likely as not due to exposure to acoustical trauma during his service. The rationale referenced studies suggesting that damage early in life can have deleterious effects later. Based on the evidence, the Board finds that direct service connection for bilateral hearing loss is warranted. The Veteran is shown to have a current diagnosis of bilateral hearing loss during the relevant appeal period. Additionally, the Veteran’s exposure to acoustic trauma is conceded based on his MOS, combat history, and lay testimony on weapons trainings. Therefore, the issue turns upon a showing of nexus between his bilateral hearing loss and the in-service acoustic trauma. Of record are both positive and negative opinions provided by competent and credible clinicians. The Board finds that the positive and negative evidence in this matter is in relative equipoise. The Board resolves all reasonable doubt in the Veteran’s favor and finds that service connection for bilateral hearing loss is warranted. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Price, 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.