Citation Nr: 21004988 Decision Date: 01/28/21 Archive Date: 01/28/21 DOCKET NO. 14-35 926 DATE: January 28, 2021 ORDER Service connection for bilateral hearing loss is granted. FINDINGS OF FACT 1. The Veteran served on active duty from February 1968 to July 1972, and from September 1973 to October 1981. 2. Bilateral hearing loss has been continuous since service. CONCLUSION OF LAW Bilateral hearing loss was incurred in service. 38 U.S.C. § 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.385 (2020). REASONS AND BASES FOR FINDINGS AND CONCLUSION In December 2018, the Board remanded the appeal for additional development. The case has now been returned to the Board for further appellate action. The Board notes that the Veteran requested an extension for 90 days on January 5, 2021; however, as the Board is granting the benefits sought, and rendering no decision on other pending appeals, there is no prejudice to the Veteran by proceeding. Service connection may be granted directly as a result of disease or injury incurred in service based on nexus using a three-element test: (1) the existence of a current 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 in or aggravated by service. See 38 C.F.R. §§ 3.303 (a), (d); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009). Service connection may be granted on a presumptive basis for diseases listed in 38 C.F.R. § 3.309 under the following circumstances: (1) where a chronic disease or injury is shown in service and subsequent manifestations of the same disease or injury are shown at a later date unless clearly attributable to an intercurrent cause; or (2) where there is continuity of symptomatology since service; or (3) by showing that the disorder manifested itself to a degree of 10 percent or more within one year from the date of separation from service. See 38 C.F.R. § 3.307. Hearing loss is recognized by VA as a chronic disease under 38 C.F.R. § 3.309(a); therefore, the presumptive provisions of 38 C.F.R. §§ 3.303(b), 3.307, and 3.309 apply. Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013); Fountain v. McDonald, 27 Vet. App. 258 (2015). First, a diagnosis of bilateral hearing loss has been shown. An April 2011 VA examination showed decibel loss in both ears that qualifies as hearing loss for VA purposes. Thus, the first element has been met. Next, the evidence supports a finding of in-service acoustic trauma. The Veteran claimed he was exposed to acoustic trauma during service in the Navy. His military personnel records show that he worked as a store clerk. Nonetheless, he reported that hearing loss was primarily due to canon fire exposure and competitive shooting during service. A veteran is competent to report that which he perceives through his senses. Layno v. Brown, 6 Vet. App. 465, 469 (1994). Further, his statements are corroborated by the service records which denote his duty assignments. Thus, his descriptions of the in-service events are consistent with the nature of his service, and his reports are unvarying throughout the record. Accordingly, the second element (in-service incurrence) has been met. Next, as to continuity, the Veteran has indicated that he began noticing hearing loss beginning service. While it does not appear that his hearing was evaluated at separation, there is evidence of mild threshold shifts during his years in service. As such, while there an absence of complaints or treatment for hearing loss for many years after service separation, the Board has resolved reasonable doubt in his favor and finds that he had continuous symptoms of hearing loss since service separation. Thus, he meets the requirements of presumptive service connection under 38 C.F.R. § 3.303(b). The Board notes that several VA examiners as well as private examiners have differed in their opinions as to whether his hearing loss was related to service. However, the Board does not need to reach the weight assignable to the any opinion because service connection is granted on a presumptive basis under 38 C.F.R. § 3.303(b) for the “chronic” diseases of hearing loss (38 C.F.R. § 3.309(a)) based on a finding of “continuous” symptoms of hearing loss since service rather than on direct service connection. In sum, there is evidence of acoustic trauma in-service and continuous symptoms of hearing loss beginning in service; therefore, hearing loss is presumed to have been incurred in service and the appeal is granted. Because the Board is granting service connection on a presumptive basis based on continuous symptoms of hearing loss since separation, all other service connection theories are rendered moot. Finally, the Veteran has not raised any other issues, nor have any other issues been reasonably raised by the record, for the Board’s consideration. See Doucette v. Shulkin, 28 Vet. App. 366, 369-370 (2017) (confirming that the Board is not required to address issues unless they are specifically raised by the claimant or reasonably raised by the evidence of record). L. HOWELL Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Yacoub, 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.