Citation Nr: 21001470 Decision Date: 01/08/21 Archive Date: 01/08/21 DOCKET NO. 18-03 805 DATE: January 8, 2021 ORDER Service connection for bilateral hearing loss is granted. Service connection for tinnitus is granted. FINDING OF FACT Resolving any reasonable doubt in favor of the Veteran, his bilateral hearing loss and tinnitus are more likely than not related to his active duty service. CONCLUSION OF LAW The criteria for service connection for hearing loss and tinnitus are met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.159, 3.303, 3.385. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from December 1961 to December 1964.   Service Connection Service connection requires competent evidence showing: (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, 1167 (Fed. Cir. 2004); see also Caluza v. Brown, 7 Vet. App. 498 (1995). The determination as to whether these requirements are met is based on an analysis of all the evidence of record and the evaluation of its credibility and probative value. Baldwin v. West, 13 Vet. App. 1 (1999); 38 C.F.R. § 3.303(a). Bilateral Hearing Loss Tinnitus The Veteran contends that hearing loss is due to noise exposure from being in the band in the military. The Veteran’s military occupational specialty (MOS) confirms that he was a member of a military band. The Board finds that he was exposed to excessive noise due to his MOS and his competent and credible reports of continued and sustained noise exposure while in-service. There is no evidence of record which disputes the Veteran’s claims regarding his hearing loss onset and symptoms. The Board has also considered the articles submitted by the Veteran regarding hearing loss by Dr. S. K. There was also no finding or reports of any recreational noise exposure which could account for his hearing loss or tinnitus. Resolving any reasonable doubt in favor of the Veteran, the Board finds that service connection for hearing loss and tinnitus are warranted. The Board is aware of a November 2020 VA examination which found against a link between the Veteran’s hearing loss and his service. The examination, however, is inadequate for adjudication purposes and the Board does not afford it any weight. First, the examination appears to rely on the Veteran’s normal hearing at separation as recorded in his 1964 separation examination. This is an impermissible conclusion. Hensley v. Brown, 5 Vet. App. 155, 157 (1993). Second, the examination presumes the Veteran was not exposed to consistent noise for a 2 hour or more period. The Board did not find statements in evidence which support this conclusion. As a member of a military band, the Board considers it likely that the Veteran had exposure to sustained noise in both practice and performance of his MOS. Resolving reasonable doubt in the Veteran’s favor, service connection for hearing loss and tinnitus is granted. JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A. Parrish, 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.