Citation Nr: 21064372 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 17-08 086 DATE: October 19, 2021 ORDER Service connection for left ear hearing loss is granted. Service connection for right ear hearing loss is denied. FINDINGS OF FACT 1. It is at least as likely as not, that the Veteran's left ear hearing loss was incurred in or otherwise related to his active military service. 2. The Veteran does not have a right ear hearing loss disability for VA purposes. CONCLUSIONS OF LAW 1. The criteria for service connection for left ear hearing loss have been met. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. 2. The criteria for service connection for right ear hearing loss have not been met. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the U.S. Marine Corps from February 2006 to July 2006, October 2006 to March 2007, and March 2007 to September 2015. The matter is on appeal before the Board from a February 2016 rating decision. The Board previously remanded the issue for further development in January 2019. Service Connection Left and Right Ear Hearing Loss Service connection will be granted if the evidence demonstrates that a current disability resulted from an injury or disease incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. 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). The Veteran asserts that he has bilateral hearing loss that is related to his active military service. In his Notice of Disagreement (NOD) submitted in February 2016, the Veteran reported that his hearing has changed drastically since he first enlisted due to shooting every year, the range, and going overseas. He also noted that he was a military truck driver for a majority of his enlistment, and that he had multiple flights in aircrafts. The Veteran's DD 214 reflects an MOS of motor vehicle operator for the majority of his active-duty service. Military noise exposure is conceded. However, in-service noise exposure on its own is not enough to grant service connection for bilateral hearing loss. For service connection to be warranted, it must be shown that the in-service noise exposure caused a current bilateral hearing loss disability. The Veteran most recently underwent a VA examination in September 2020. The audiometric findings from the VA examination show the Veteran to have left ear hearing loss for VA purposes, but not right ear hearing loss for VA purposes. For VA purposes, 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. Further, the United States Court of Appeals for Veterans Claims (Court) has indicated that the threshold for normal hearing is between 0 and 20 decibels and that higher thresholds show some degree of hearing loss. Hensley v. Brown, 5 Vet. App. 155, 157 (1993). When audiometric test results at a Veteran's separation from service do not meet the regulatory requirements for establishing a "disability" at that time, a Veteran may nevertheless establish service connection for a current hearing disability by submitting evidence that the current disability is causally related to service. Hensley, at 160. Here, the Veteran's service treatment records (STRs) show the results of audiometric testing at his enlistment examination in December 2005 and at his separation examination in June 2015. The Veteran's hearing acuity at separation showed the following decibel loss: HERTZ 1000 2000 3000 4000 RIGHT 0 -5 5 20 LEFT 0 -5 30 20 Thus, the Veteran was not shown to have hearing impairment in his right ear at the time of his discharge. While the Veteran's left ear at 3000 hertz was 30 decibels at separation, which does show some degree of hearing loss, his left ear hearing loss at separation was not at a point to be considered a disability for VA purposes. The Veteran's Maryland CNC Word List speech recognition score and puretone thresholds, in decibels, from the September 2020 VA examination were as follows: HERTZ 1000 2000 3000 4000 Avg CNC RIGHT 10 5 20 30 16 100 LEFT 5 10 45 40 25 100 As such, the Veteran has a current left ear hearing loss disability for VA purposes, but he does not have a current right ear hearing loss disability for VA purposes. The Board notes that the Veteran had previously undergone a VA examination in January 2016, however, the examination did not show the Veteran to have right ear hearing loss for VA purposes. As the Veteran has not been shown to have a current right ear hearing loss disability for VA purposes, the only question at this time for the Board is whether there is a causal relationship between the Veteran's current left ear hearing loss disability and his military noise exposure. The September 2020 VA examiner did not provide an opinion pertaining to the etiology of the Veteran's left ear hearing loss. However, as noted above, the Veteran had also undergone a VA examination in January 2016. The Veteran was not shown to have hearing loss for VA purposes in either of his ears at the January 2016 examination. Regardless of the negative findings of hearing loss for VA purposes, the VA examiner provided an opinion. The examiner explained that comparison of the Veteran's entrance and separation audiograms revealed normal hearing in the left ear at enlistment, and a mild hearing loss from 4-6 hertz in the left ear at separation. The examiner reported the findings to be consistent with noise-induced auditory trauma. The Veteran was noted to be a Motor Vehicle Operator, which is a job with moderate probability of hazardous noise exposure. He described frequent exposure to hazardous noise from loud military vehicles, as well as impulse noise from firearms, including machine guns during weapons qualifications and live fire exercises. He recalled experiencing hearing difficulties while in the service, and on his separation evaluation he noted hearing loss in his left ear. The examiner indicated that the audiometric findings from that day were consistent with noise-induced hearing loss. After considering the audiometric evidence at separation, the Veteran's MOS and self-reported history, and that day's audiometric findings, the examiner concluded that it was most likely that the Veteran's hearing loss was caused by military noise exposure. The January 2016 VA examiner's opinion is consistent with the Veteran's record, and as such when taken in conjunction with the findings from the September 2020 VA examination showing the Veteran to have left ear hearing loss for VA purposes, service connection for left ear hearing loss is warranted. However, service connection for right ear hearing loss is not warranted as the Veteran has not been shown to have right ear hearing loss for VA purposes. Accordingly, service connection for left ear hearing loss is granted, but service connection for right ear hearing loss is denied. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Lutgens-Staley, 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.