Citation Nr: 21002132 Decision Date: 01/12/21 Archive Date: 01/12/21 DOCKET NO. 15-04 098 DATE: January 12, 2021 ORDER Entitlement to service connection for left ear hearing loss is granted. FINDING OF FACT The probative evidence of record is at least in relative equipoise that the Veteran’s left ear hearing loss originated in service or is otherwise attributable to active duty service. CONCLUSION OF LAW The criteria for entitlement to service connection for left ear hearing loss have been met. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.385. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served in the United States Army on active duty from April 2009 to February 2010, April 2015 to May 2016, and during July 2018. The issues come before the Board of Veterans’ Appeals (Board) on appeal from a June 2012 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned Veterans Law Judge in July 2018. A transcript of the hearing has been included with the record. The issue was previously before the Board in January 2019. The Board remanded to provide a VA addendum opinion on the etiology of the Veteran’s bilateral hearing loss and tinnitus. In an October 2020 rating decision, the RO granted in full the Veteran’s claims for service connection hearing loss of the right ear with a noncompensable evaluation. Additionally, the RO granted service connection for bilateral tinnitus with an evaluation of 10 percent. The Veteran’s claim for service connection of his left ear hearing loss remains on appeal. Service Connection Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303(a). Service connection may be warranted for any disease diagnosed after discharge, when all of the evidence, including that pertinent to service, establishes that disease was incurred in service. 38 C.F.R. § 3.303(d). As a general matter, service connection for a disability requires evidence of: (1) the existence of a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a relationship or nexus between the current disability and any injury or disease during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Additionally, certain chronic diseases, including sensorineural hearing loss, may be presumed to have been incurred during service if the disorder becomes manifest to a compensable degree within one year of separation from active duty. 38 U.S.C. §§ 1101, 1112, 1113; 38 C.F.R. §§ 3.307, 3.309(a). Alternatively, for chronic diseases shown in service, the third element of service connection may be established through demonstrating chronicity or continuity of symptomatology in accordance with 38 C.F.R. § 3.303(b). See Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). 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 is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz are 26 decibels or greater; or when speech recognition scores using the Maryland CNC Test are less than 94 percent. 38 C.F.R. § 3.385. Entitlement to service connection for left ear hearing loss In July 2018, the Veteran underwent an audiological examination. On the authorized audiological evaluation, pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 45 35 25 30 35 LEFT 35 40 30 35 35 Pursuant to the Board remand, the RO provided the Veteran a VA hearing loss examination in September 2020. The VA examiner noted the Veteran was exposed to small arms fire and explosions in service as a cannon crewmember. Following an audiological examination, the VA examiner provided the diagnosis of sensorineural hearing loss, in the frequency range of 500-4000 Hz and in the frequency range of 6000 Hz or higher for both ears. The VA examiner provided the medical opinion that the reference audiogram dated September 2008, when compared with the last deployment hearing conservation data dated July 2018, showed a significant change in hearing at most frequencies. The examiner stated that 4000 and 6000 Hz are frequencies that are sensitive to noise exposure and a change at these frequencies can show damage from hazardous noise. This is consistent with the Veteran's report of hazardous in-service noise exposure. Additionally, the examiner noted the diagnosis of hearing loss is consistent with the Veteran's credible lay testimony that he noticed a change in hearing while he was in service. The VA examiner opined that, based on the facts at hand, it was as likely as not that the Veteran’s service in the military caused his hearing loss in his left ear. The Board acknowledges the Veteran’s July 2018 audiogram established the Veteran’s hearing impairment meets the criteria for left ear hearing loss under 38 C.F.R. § 3.385. The Board finds the September 2020 VA medical opinion to be probative evidence of a nexus between the Veteran’s hearing loss and his active duty service. Resolving all reasonable doubt in favor of the Veteran, the Board finds the evidence of record supports a grant of the Veteran’s claim, and the benefit of the doubt doctrine applies. See Gilbert v. Derwinski, 1 Vet. App. 49 (1990); Ortiz v. Principi, 274 F.3d 1361 (Fed Cir. 2001). JENNIFER HWA Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board A.V. Bona, 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.