Citation Nr: 21066737 Decision Date: 11/02/21 Archive Date: 11/02/21 DOCKET NO. 19-32 505 DATE: November 2, 2021 ORDER Entitlement to service connection for bilateral hearing loss is granted. Entitlement to service connection for bilateral tinnitus is granted. FINDINGS OF FACT 1. There is at least an approximate balance of positive and negative evidence as to whether the Veteran has a bilateral hearing loss disability as a result of active service. 2. There is at least an approximate balance of positive and negative evidence as to whether the Veteran has tinnitus as a result of active service. CONCLUSIONS OF LAW 1. The criteria for service connection for bilateral hearing loss have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.385. 2. The criteria for service connection for tinnitus have been met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Marines from September 1969 to June 1971. In October 2021, the Veteran testified before the undersigned Veterans Law Judge at a videoconference hearing. The transcript from the hearing has not yet been associated with the file, as the appeal is being granted under the Board's "One Touch" program. The hearing transcript will still be processed and associated with the claims file in the ordinary course of business. Service Connection 1. Entitlement to service connection for bilateral hearing loss is granted. 2. Entitlement to service connection for bilateral tinnitus is granted. Service connection may be established under 38 C.F.R. § 3.303(b) by (a) evidence of (i) the existence of a chronic disease in service or during an applicable presumption period under 38 C.F.R. § 3.307 and (ii) present manifestations of the same chronic disease, or (b) when a chronic disease is not present during service, evidence of continuity of symptomatology. 38 C.F.R. § 3.303. Regarding service connection claims for hearing loss, the Board notes that this particular disability is defined by regulation. Specifically, under 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, or 4000 Hertz is 40 decibels or greater; when the auditory thresholds for at least three of the above frequencies 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. Additionally, the Board observes that precedential case law provides 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). The absence of in-service evidence of hearing loss is not fatal to a claim for service connection. Ledford v. Derwinski, 3 Vet. App. 87, 89 (1992). Evidence of a current hearing loss disability (i.e., one meeting the requirements of 38 C.F.R. § 3.385, as noted above) and a medically sound basis for attributing such disability to service may serve as a basis for a grant of service connection for hearing loss. Moreover, to establish service connection for sensorineural hearing loss, the Veteran is not obligated to show that his hearing loss was present during active service. However, if there is insufficient evidence to establish that a claimed chronic disability was present during service or during the one-year presumptive period thereafter, the evidence must establish a nexus between his current disability and his in-service exposure to loud noise. Turning to direct service connection, in a July 2018 statement, the Veteran reported being exposed to high decibel noise as a forward observer in an artillery battalion. He noted that he was in charge of relaying and preparing target areas for field exercises. He stated that he was required to be proficient in multiple high-powered weapons that required frequent weapons range qualifications testing without the use of hearing protection. The Veteran's DD-214 indicated that his MOS was Field Artillery, and he was in receipt of an Expert Badge for the rifle and pistol. The Veteran's June 1969 entrance examination indicated that his hearing was normal at that time. The May 1971 separation examination report also indicated that the Veteran did not have hearing loss for VA purposes. The Veteran was provided with a VA examination in October 2017 to evaluate his bilateral hearing loss and tinnitus. The examiner determined that the Veteran had hearing loss in both ears but that this condition was less likely than not related to service. The examiner noted medical literature that stated that noise-induced hearing loss did not develop later on in life. The examiner also noted that the Veteran was exposed to loud noise in his civilian occupation. The examiner then determined that the Veteran's tinnitus was less likely than not related to service as the Veteran reported tinnitus several years following service. The clinical results of the audiological examinations demonstrate that the Veteran has bilateral hearing loss for VA purposes. 38 C.F.R. § 3.385. The evidence also demonstrates a present disability of tinnitus; thus, the first requirement for the establishment of service connection is established for both claims. The Veteran has described the noise exposure he experienced in service. The Board finds no reason to question his account of exposure to noise resulting from being in close proximity to field artillery and high-powered military weapons without hearing protection. Thus, exposure to acoustic trauma is conceded. Although there is no positive opinion of record, the Veteran has credibly reported noise exposure, a currently diagnosed bilateral hearing loss disability for VA benefit purposes is present, and there is competent and credible testimony indicating ongoing hearing problems since service. As such, all reasonable doubt is resolved in the Veteran's favor, and service connection for bilateral hearing loss is granted. (Continued on the next page) Regarding the claim for tinnitus, a lay person is competent to describe his symptoms of ringing in the ears throughout the years. Further, the Board finds that the Veteran's account of ringing in his ears from service to the present to be credible. Resolving all doubt in favor of the Veteran, service connection for tinnitus is also warranted. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board AK 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.