Citation Nr: A21019031 Decision Date: 11/26/21 Archive Date: 11/30/21 DOCKET NO. 211028-194666 DATE: November 26, 2021 ORDER Entitlement to service connection for bilateral hearing loss is granted. FINDING OF FACT The competent and probative evidence of record demonstrates that the Veteran's bilateral hearing loss was likely incurred in service. CONCLUSION OF LAW The criteria for service connection for bilateral hearing loss are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from September 1966 until September 1968 and received an honorable discharge. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.902 (c). This matter is on appeal from a June 2021 rating decision that confirmed and continued a previous denial of service connection for bilateral hearing loss. The Veteran appealed directly to the Board and chose the Direct docket. See October 2021 VA Form 10182. Although the Veteran identified a July 2019 rating decision as the decision being appealed, the Board has interpreted the appeal as being to the June 2021 rating decision that confirmed the prior July 2019 denial of service connection. Entitlement to service connection for bilateral hearing loss The Veteran asserts that he has bilateral hearing loss that is etiologically related to his military service. The Board concludes that the Veteran has a current bilateral hearing loss disability that is related to his active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303 (a). In the rating action on appeal, the Agency of Original Jurisdiction (AOJ) made favorable findings that the Veteran has a hearing loss disability for VA compensation purposes and that he was exposed to hazardous noise in service. The Board is bound by that favorable findings. The question before the Board is whether the Veteran's currently diagnosed hearing loss is related to his hazardous noise exposure in service. The Veteran's service treatment records (STRs) contain the Veteran's enlistment and separation medical examinations. Neither exam documents hearing loss. There are no complaints of hearing loss contained in the Veteran's STRs. VA examinations conducted in June 2019 and June 2021 include negative nexus opinions, based in large part on a finding of normal hearing at separation. Service connection for hearing loss is not precluded where hearing was within normal limits on audiometric testing at separation from service. Hensley v. Brown, 5 Vet. App. 155, 156 (1993). Therefore, the Board finds the June 2019 and June 2021 VA etiology opinions inadequate and nonprobative. Evidence in support of the claim includes a December 2020 etiology opinion from Dr. K.Z.M., Au.D. from the Central Florida Speech & Hearing Center. See May 2021 submission. In the letter, Dr. K.Z.M. said "it is more than likely" that the Veteran's hearing loss is related to noise exposure in service. Dr. K.Z.M. reviewed the Veteran's audiological history and considered his conceded history of noise exposure in service. She supports her conclusion by stating that it is reached based upon her experience and the current medical literature, which states that continual hazardous noise exposure can cause hearing loss. She also notes the lack of other known risk factors for hearing loss in this Veteran. The Board finds the private medical opinion of Dr. K.Z.M. to be adequate and probative. It is probative evidence of nexus. Service connection for hearing loss is warranted. The claim is granted. M.E. Larkin Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M.D. Collins, 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.