Citation Nr: 21069791 Decision Date: 11/19/21 Archive Date: 11/19/21 DOCKET NO. 16-06 856 DATE: November 19, 2021 ORDER Entitlement to service connection for bilateral hearing loss disability is granted. FINDING OF FACT Resolving all reasonable doubt in the Veteran's favor, bilateral hearing loss disability was incurred in service. CONCLUSION OF LAW The criteria for entitlement to service connection for a bilateral hearing loss disability have been met. 38 U.S.C. §§ 1110, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1969 to April 1970. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a February 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office. The Board previously remanded the case in March 2020 and June 2021. The Board finds there has been substantial compliance with the June 2021 Board remand instructions and the case is ready for appellate review. See Stegall v. West, 11 Vet. App. 268, 271 (1998). Entitlement to service connection for bilateral hearing loss disability. To establish a right to service connection, a Veteran must show: "(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service." See 38 U.S.C. § 1131; Davidson v. Shinseki, 581 F.3d 1313, 1315-16 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); 38 C.F.R. § 3.303(a). Hearing loss will be considered a disability for VA purposes when the threshold level in any of the frequencies 500, 1000, 2000, 3000, and 4000 hertz (Hz) is 40 decibels or greater; or the thresholds for at least three of these frequencies are 26 decibels or greater; or speech recognition scores utilizing recorded Maryland CNC word lists are less than 94 percent. 38 C.F.R. § 3.385; see also Palczewski v. Nicholson, 21 Vet. App. 174, 178-80 (2007). Therefore, the Veteran has a bilateral hearing loss disability for VA purposes. See February 2015 VA Exam. The Veteran has stated that he believes his current bilateral hearing loss disability is related to his in-service acoustic trauma. Specifically, the Veteran believes his current hearing loss disability is related to excessive noise exposure to rifles and other guns during basic training without the benefit of hearing protection devices, and his noise exposure working with radios when training in Morse Code. See, February 2015 VA audiology examination; see also March 2015 Notice of Disagreement. The Board finds the Veteran's assertions credible and thus noise exposure in service is established. The only question remaining is whether a causal relationship exists between the Veteran's present bilateral hearing loss disability and the in-service acoustic trauma. In the most recent medical opinion in July 2021, the VA medical examiner concluded, "[t]he evidence is against a nexus in this case, therefore it is less likely than not that the hearing loss is related to military noise exposure." However, the VA medical examiner initially stated, "[a]though noise exposure is conceded and the relationship of noise, auditory damage and hearing loss is well-established, auditory damage and hearing loss are not conceded based on military noise alone." The Board finds the "based on military noise alone" language indicates an acknowledgement by the VA medical examiner that the Veteran's bilateral hearing loss disability was related in some manner or degree to the Veteran's military noise exposure. See July 2021 C&P Exam. Given the above, the Board finds the acknowledgement raises reasonable doubt, and the evidence is in equipoise as to whether a causal relationship exists between the Veteran's present bilateral hearing loss disability and the in-service acoustic trauma. When there is an approximate balance of positive and negative evidence regarding the merits of an issue, the benefit of the doubt shall be given to the Veteran. Given the approximate balance of the evidence, the Board will resolve reasonable doubt in the Veteran's favor. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. The Board finds the Veteran's bilateral hearing loss disability was incurred during service, and service connection is warranted. JOHN R. DOOLITTLE, II Veterans Law Judge Board of Veterans' Appeals 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.