Citation Nr: 21065888
Decision Date: 10/27/21	Archive Date: 10/27/21

DOCKET NO. 17-66 842
DATE: October 27, 2021

ORDER

Entitlement to service connection for hearing loss is granted.

FINDING OF FACT

Resolving reasonable doubt in the Veteran's favor, his hearing loss is at least as likely as not related to his military service.

CONCLUSION OF LAW

The criteria for service connection for hearing loss have been met.  38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.385.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from January 1971 to October 1972.  This matter comes before the Board of Veterans' Appeals (Board) on appeal from a July 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office.  In October 2021, the Veteran testified before the undersigned Veterans Law Judge.

1. Entitlement to service connection for hearing loss

The Veteran contends that his hearing loss is due to service.

A June 2017 VA Examination noted a diagnosis of hearing loss.  Regarding an inservice incurrence, the Veteran reported exposure to hazardous noise without hearing protection from artillery fire and weapons in service.  See Private Opinion, Dr. J.J.P., dated March 9, 2021.  The Board notes that his DD 214 supports this as he was qualified as an expert marksman on an M-16 and his Military Occupational Specialty (MOS) was a field artillery officer.  See DD 214.  Thus, the Board finds a current diagnosis of hearing loss and in-service noise exposure.  

Weighing against the Veteran's claim is a June 2017 VA examination opinion which concluded that the Veteran's hearing loss was less likely related to service due to a lack of inservice hearing loss or noise exposure.  The fact that hearing loss was not identified during service is not fatal to a claim for service connection. 

Weighing in the Veteran's favor is Dr. J.J.P's private nexus opinion that the Veteran's hearing loss is more likely related to inservice hazardous noise exposure.  The Board observes that the evidence is in equipoise.  Given the high probability of hazardous noise exposure from mortar fire and M-16s, in conjunction with a positive nexus opinion and giving the Veteran the benefit of the doubt, the Board finds service connection for hearing loss is warranted.  

The claim is granted.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	K. McKenzie, 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.