Citation Nr: 21071102 Decision Date: 11/29/21 Archive Date: 11/29/21 DOCKET NO. 18-28 570 DATE: November 29, 2021 ORDER Entitlement to service connection for right ear hearing loss is granted. REMANDED Entitlement to a compensable rating for left ear hearing loss is remanded. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, his right ear hearing loss is at least as likely as not related to his in-service noise exposure. CONCLUSION OF LAW The criteria for service connection for right ear hearing loss have been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.385 (2021). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1969 to January 1973. This matter comes before the Board of Veterans' Appeals (Board) from a January 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a Board hearing before the undersigned Veterans Law Judge in July 2021. A transcript of the hearing is in the record. 1. Entitlement to service connection for right ear hearing loss. Generally, to establish 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." Davidson v. Shinseki, 581 F.3d 1313, 131516 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may also be granted for any injury or disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease or injury was incurred in service. 38 C.F.R. § 3.303(d). The Veteran contends his right ear hearing loss is due to in-service noise exposure. Service connection is in effect for left ear hearing loss and tinnitus. In January 2017 the Veteran was afforded a VA examination. The examiner opined although the Veteran's examination shows hearing loss for VA purposes, the Veteran's right ear hearing loss is less than likely a result of hazardous noise exposure. In a July 2021 private opinion, the examiner stated the Veteran reported he has difficulty understanding his wife, speech in noise, and the television. The Veteran reported a history of noise exposure as being exposed to loud aircrafts in the Navy without consistent hearing protection. The examiner noted audiometric testing revealed a mild to moderately severe sensorineural hearing loss at 2000 to 6000 Hertz in the right ear and mild to moderately severe sensorineural hearing loss at 2000 to 6000 Hertz in the left ear. The examiner noted the speech test was completed with the Northwestern University auditory test word list. The examiner stated this word list is a phonetically balanced consonant nucleus consonant word list that is similar to the Maryland CNC word list. The examiner opined the Veteran's hearing loss in both ears is likely related to his history of noise exposure in the Navy. Under the benefit of the doubt rule, where there exists "an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter," the Veteran shall prevail upon the issue. Ashley v. Brown, 6 Vet. App. 52, 59 (1993); Massey v. Brown, 7 Vet. App. 204, 206-207 (1994); 38 U.S.C. § 5107(b). The Board finds that the evidence related to the nexus question is in relative equipoise. Resolving reasonable doubt in favor of the Veteran the Board finds that it is at least as likely as not that the Veteran's current right ear hearing loss is due to his in-service noise exposure. Accordingly, entitlement to service connection for right ear hearing loss is granted. REASONS FOR REMAND 1. Entitlement to a compensable rating for left ear hearing loss is remanded. The Veteran contends his left ear hearing loss is worse than was previously rated and he is entitled to a compensable rating. The most recent VA examination for the Veteran's service-connected left ear hearing loss was in January 2017, more than four years ago. In light of the Board's award of service connection for right ear hearing loss and the Veteran's contention that his hearing loss has worsened, the Veteran should be afforded a new VA examination to determine the severity of his hearing loss. The matters are REMANDED for the following action: 1. Obtain all VA treatment records not currently associated with the claims file. 2. Obtain a new VA examination to evaluate the severity of the Veteran's bilateral hearing loss. The file must be made available to and reviewed by the examiner. The examiner should note in the examination report that the claims folder has been reviewed. All indicated studies should be performed. The examiner must consider and address the Veteran's testimony at the July 2021 hearing regarding his current hearing loss symptoms. TANYA SMITH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Daley, Associate 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.