Citation Nr: 21067995 Decision Date: 11/08/21 Archive Date: 11/08/21 DOCKET NO. 16-58 705 DATE: November 8, 2021 ORDER Service connection for left ear hearing loss is denied. FINDING OF FACT The preponderance of the evidence of record is against finding that the Veteran has had a left ear hearing loss disability for VA purposes at any time during or approximate to the pendency of the claim. CONCLUSION OF LAW The criteria for service connection for left ear hearing loss are not met. 38 U.S.C. §§ 1110, 1112, 1113, 1131, 1137, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1969 to November 1970. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a Board hearing before the undersigned in October 2019. In February 2020, the Board remanded the issue of service connection for bilateral hearing loss for further development. During this appeals period, VA granted service connection for right ear hearing loss in a December 2020 rating decision. Thus, the pending issue has been recharacterized as service connection for left ear hearing loss. 1. Service connection for left ear hearing loss The Veteran contends that he has left ear hearing loss due to in-service noise exposure due to his duties as a heavy vehicle driver. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). The question for the Board is whether the Veteran has a current disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. For VA compensation purposes, impaired hearing is considered a disability if: (1) the auditory threshold for any of the frequencies of 500, 1000, 2000, 3000, or 4000 Hertz is 40 decibels or greater; (2) the auditory thresholds for at least three of these frequencies are 26 decibels or greater; or (3) speech recognition scores using the Maryland CNC Test are less than 94 percent. 38 C.F.R. § 3.385. The Board concludes that the Veteran does not have a current diagnosis of left ear hearing loss disability and has not had one at any time during the pendency of the claim or recent to the filing of the claim. Romanowsky v. Shinseki, 26 Vet. App. 289, 294 (2013); McClain v. Nicholson, 21 Vet. App. 319, 321 (2007). The May 2015 and December 2020 VA examiners evaluated the Veteran and determined that, while he experienced high frequency hearing loss, he did not have a diagnosis of left ear hearing loss disability for VA purposes. The May 2015 and December 2020 VA examiners evaluated the Veteran and determined that, the Veteran's lesser degree of hearing loss was likely related to his in-service noise exposure. Indeed, this was the basis for the grant of service connection for right ear hearing loss. Nevertheless, service connection cannot be awarded until the Veteran's level of hearing impairment reaches that of a hearing loss disability as defined by 38 C.F.R. § 3.385. For the reasons stated above, the Board finds that the preponderance of evidence is against the Veteran's claim of entitlement to service connection for left ear hearing loss and his appeal must be denied. There is no reasonable doubt to be resolved as to this issue. See 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49 (1990). M. HYLAND Veterans Law Judge Board of Veterans' Appeals Attorney for the Board B. Houbeck 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.