Citation Nr: 21064480
Decision Date: 10/20/21	Archive Date: 10/20/21

DOCKET NO. 19-14 171
DATE: October 20, 2021

ORDER

Service connection for bilateral hearing loss is granted.

FINDING OF FACT

The Veteran has experienced symptoms of hearing loss since his separation from service.

CONCLUSION OF LAW

The criteria for service connection for bilateral hearing loss have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service in the United States Marine Corps from October 1960 to October 1964. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a January 2019 rating decision.

Service connection is presumed for chronic diseases, such as hearing loss, with (1) evidence showing a current disability; and (2) evidence showing either that the disability manifested to a compensable degree in service or within a presumptive period following separation from service; or evidence that the disease was noted in service, with continuity of symptoms of the disease since service. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.303, 3.307, 3.309.

The Veteran underwent a VA examination in January 2019. This examination reflects that the Veteran has hearing loss that meets the requirements of 38 C.F.R. § 3.385. Therefore, the first element is met. The VA examiner, however, declined to offer an opinion on whether the Veteran's hearing loss is related to his service. He wrote that he could not express an opinion as to etiology without resorting to speculation as there were no audiometric findings in the Veteran's service treatment records.

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The Veteran believes that his hearing loss is due to noise exposure in service. His DD 214 states that his military occupational specialty (MOS) was truck driver. A review of the Veteran's service treatment records (STRs) show notes dated October 1962 containing complaints of ear pain and ringing in the ears. Further, a September 2018 medical treatment note states that the Veteran reported having hearing loss for the last 50 years. Further, the Veteran was noted to have mixed hearing loss and required hearing aids. The Veteran is competent to report symptoms of hearing loss. As they are consistent with other evidence of record, including his MOS as well as treatment records, the Board finds the Veteran's statements credible and entitled to probative weight. In sum, the Board finds the evidence for and against finding service connection for hearing loss is in equipoise. Affording the Veteran the benefit of the doubt, service connection for bilateral hearing loss is granted.

 

 

JOHN Z. JONES

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Jorge Barroso, 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.