Citation Nr: 21069593 Decision Date: 11/18/21 Archive Date: 11/18/21 DOCKET NO. 18-51 565 DATE: November 18, 2021 ORDER Entitlement to service connection for bilateral hearing loss is denied. REMANDED Entitlement to service connection for a left ankle disorder is remanded. Entitlement to service connection for a left knee disorder is remanded. FINDING OF FACT The preponderance of the evidence of record is against finding that the Veteran has had right or left ear hearing loss, as defined by VA regulation, at any time during or approximate to the pendency of the claim. CONCLUSION OF LAW The criteria for service connection for bilateral 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 September 2008 to September 2013. The Board thanks him for his service to our country. The Veteran testified before the undersigned Veterans Law Judge during a July 2021 hearing. A transcript of the hearing is in the record before the Board. During the hearing, the Veteran waived initial review of any additional evidence not previously considered by the agency of original jurisdiction (AOJ). Entitlement to service connection for bilateral hearing loss. In general, 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). Certain chronic diseases, including sensorineural hearing loss (as an organic disease of the nervous system), may be presumed to have been incurred during service if they become disabling to a compensable degree within one year of separation from active duty. 38 U.S.C. §§ 1101, 1112, 1113; 38 C.F.R. §§ 3.307, 3.309. Evidence of continuity of symptomatology may be sufficient to invoke this presumption if a claimant demonstrates (1) that a disability was noted during service; (2) evidence of post-service continuity of the same symptomatology; and (3) medical or, in certain circumstances, lay evidence of a nexus between the present disability and the post-service symptomatology. See also 38 C.F.R. § 3.303 (b). During the July 2021 hearing and in correspondence to VA, the Veteran has contended that he has bilateral hearing loss due to active service. He reports that he was exposed to noise during active duty as an EMT and firefighter, and at the shooting range. He was exposed to jet noise while at a firehouse near the flight line. He used hearing protection at the shooting range and as a firefighter unless driving or wearing a face mask for fires. He could not wear hearing protection at the firehouse near the flight line because it was impractical. The question for the Board is whether the Veteran has current right or left ear hearing loss for VA purposes that began during service or is at least as likely as not related to an in-service injury, event, or disease, or may be presumed to be service-connected. The Board concludes that the Veteran does not have right or left ear hearing loss for VA purposes, and has not had it 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). Under VA guidelines, hearing loss will be considered a disability for VA disability compensation purposes when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, or 4000 hertz (Hz) is 40 decibels or greater; or when the auditory thresholds for at least 3 of the frequencies 500, 1000, 2000, 3000 or 4000 Hz 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. The Veteran underwent VA audiological testing in September 2018. The report does not note a right or left ear auditory threshold of 40 decibels in a frequency between 500 and 4000 Hz, does not note right or left ear auditory thresholds of at least 26 decibels in at least three of the frequencies between 500 and 4000 Hz, and does not note right or left ear speech recognition less than 94 percent. There is no post-service medical evidence of record showing right or left ear findings that would satisfy the criteria noted under 38 C.F.R. § 3.385. While the Veteran believes he has bilateral hearing loss for VA purposes, he is not competent to provide a diagnosis in this case. The issue is medically complex, as it requires specialized medical education. Jandreau v. Nicholson, 492 F.3d 1372, 1377, 1377 n.4 (Fed. Cir. 2007). Consequently, the Veteran's general contentions are not entitled to probative weight. In the absence of a disability, compensation may not be awarded. In the absence of evidence of a current disability, there can be no grant of service connection under the law. See Brammer v. Derwinski, 3 Vet. App. 223, 225 (1992). In light of the foregoing, service connection for bilateral hearing loss is denied. The preponderance of the evidence is against the claim and the doctrine of reasonable doubt is not for application. 38 C.F.R. § 3.102. REASONS FOR REMAND 1. Entitlement to service connection for a left ankle disorder is remanded. 2. Entitlement to service connection for a left knee disorder is remanded. The Board remands each issue to obtain relevant private treatment records. During the July 2021 hearing, the Veteran identified relevant outstanding records of private chiropractice treatment of his left ankle and left knee. A remand is required to allow VA to obtain authorization and request these records. Since the Board is remanding these claims, the AOJ should update the Veteran's e-folder to include all outstanding VA treatment records. The matters are REMANDED for the following action: 1. Please obtain and associate with the Veteran's e-folder copies of all outstanding VA treatment records. 2. Then, after the foregoing records development is completed, please ask the Veteran to complete a VA Form 21-4142 for any private chiropractors who have treated him for the left ankle or left knee, including (1) Dr. Marrara of Marrara Chiropractic in Bellefonte, PA since 2013 and (2) Dr. Bossert of Bossert Chiropractic in Beech Creek, PA since 2013. Please make appropriate requests to develop records from these providers. M. C. GRAHAM Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Davitian, 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.