Citation Nr: 21067783 Decision Date: 11/05/21 Archive Date: 11/05/21 DOCKET NO. 17-60 785 DATE: November 5, 2021 ORDER Entitlement to service connection for bilateral hearing loss is granted. Entitlement to service connection for tinnitus is granted. FINDINGS OF FACT 1. Resolving reasonable doubt in favor of the Veteran, his bilateral hearing loss is etiologically related to military noise exposure. 2. Resolving reasonable doubt in favor of the Veteran, his tinnitus is etiologically related to military noise exposure. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for bilateral hearing loss have been met. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.385. 2. The criteria for entitlement to service connection for tinnitus have been met. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 5107(b); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.385. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The appellant is a Veteran who served on active duty from April 1969 to March 1971. This matter is before the Board of Veterans' Appeals (Board) on appeal from a rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In November 2021, a Video Conference Board hearing was held before the undersigned. A transcript of the hearing is associated with the Veteran's claims file. Service Connection 1. Entitlement to service connection for tinnitus 2. Entitlement to service connection for bilateral hearing loss The Veteran contends that his current hearing loss and tinnitus can be attributed to his exposure to loud noise during service. During service he was trained as an electrician/radarman. He reported noise exposure in the engine room. Based on the Veteran's competent and credible statements and evidence of his in-service occupation, the Board finds that exposure to hazardous noise levels to be consistent with the places and circumstances of his service. Therefore, the remaining inquiry is whether there is a nexus, or link, between the Veteran's bilateral hearing loss and tinnitus and such in-service noise exposure. His service treatment records do not contain reports of hearing loss or tinnitus, and the in-service audiograms are negative for findings of hearing loss. The Veteran underwent an examination in July 2017. VA audiological evaluation in July 2017 reveals a bilateral hearing loss disability pursuant to 38 C.F.R. § 3.385. The Veteran reported being trained as an electrician/radarman. Military noise exposure include egine room noise. He also reported noise from sleeping under an air conditioning duct. He stated air conditioning duct created noise that he would not hear the alarm when they were notified of drills. He first noticed hearing loss about 15-20 years ago. He had been wearing hearing aids from the prior 7 years. He reported infrequent noise exposure working as a hydraulic draftsman/maintenance field work, and reported being given hearing protection. He denied recreational noise exposure. He reported first noticing tinnitus sometime during 1970. Symptoms included significant difficulty communicating when background noise is present. The examiner concluded, based on the evidence, the Veteran's hearing loss and tinnitus is less likely as not caused by or a result of military noise exposure. The examiner noted the records do not reveal the Veteran reported hearing loss or a significant shift in hearing during service. Further, the records are silent for complaints of tinnitus during service. In October 2021 a statement was received from J. D., AuD., of Davis Family Hearing. J. D. saw the Veteran for an audiological evaluation. The audiologist's opinion and reasoning are as follows: The Veteran had mild to profound sensorineural hearing loss in both ears. The Veteran served in the Navy and onboard a ship for 18 months straight. He worked as an electronics technician and maintained equipment, and then his job changed to radarman. The radar scopes and equipment he worked around emitted loud high frequency noise that he was exposed to during his frequent shifts. In addition to the noise from the combat information center equipment, his bunk was under a large air conditioning duct that ran constantly and loud enough to cause damage to his hearing. Hearing protection was not offered during his service. He did not experience hearing loss or tinnitus prior to service. While on the ship he noticed intermittent tinnitus that continued on a constant basis roughly five years post discharge. This indicates he was experiencing damage to his hearing from noise while on the ship. The Veteran went to college and worked as a draftsman and performed field service work on machinery. When he was around any noise, he always wore hearing protection. He does not have a family history of hearing loss, and had not been exposed to any ototoxic medication. He reported no significant sinus or cervical spine issues that could contribute to hearing loss or tinnitus. The examiner concluded based on the Veteran's history, his hearing loss is more likely than not due to noise exposure he experienced during service. J. D. explained the Veteran was exposed to significant noise while in service that directly caused intermittent tinnitus during exposure, and hearing loss. The Veteran has consistently asserted that he has hearing loss and tinnitus as a result of his time in service. Hearing loss and tinnitus may be service connected if the evidence of record shows that the Veteran currently has a disorder that was chronic in service, or if not chronic, that was seen in service with continuity of symptomatology demonstrated thereafter. A veteran is also competent to testify regarding facts or circumstances that can be observed and described by a layperson. There is a negative opinion and a positive opinion of record. The Veteran has conceded noise exposure, a currently diagnosed bilateral hearing loss disability for VA benefit purposes, tinnitus, limited civilian noise exposure, and complaints of hearing loss since service. The positive and negative evidence is at least in relative equipoise. As such, all reasonable doubt is resolved in the Veteran's favor, and service connection for bilateral hearing loss and tinnitus is granted. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board E. Skiouris, 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.