Citation Nr: 21071683 Decision Date: 12/01/21 Archive Date: 12/01/21 DOCKET NO. 18-46 398 DATE: December 1, 2021 ORDER Entitlement to service connection for a left ear hearing loss disability is GRANTED. FINDING OF FACT The Veteran's current left ear hearing loss disability is etiologically related to his active military service. CONCLUSION OF LAW The criteria for the grant of service connection for a left ear hearing loss disability are met. 38 U.S.C. §§ 1110, 5107 (West 2014); 38 C.F.R. § 3.303 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably in the United States Army from January 1977 to January 1997. The certificate of release from active duty (DD214) reflects that the Veteran was a track vehicle repairman throughout his military service. Entitlement to service connection for left ear hearing loss is granted. In August 2017, the Veteran submitted a VA Form 21-526EZ. Therein, the Veteran initiated a claim for service connection for left ear hearing loss. Generally, to establish service connection there must be competent evidence showing: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the in-service injury incurred or aggravated during service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303; Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004) In addition to the above described VA regulations, entitlement to service connection for impaired hearing is subject to additional VA regulations. Specifically, a hearing impairment constitutes a disability for VA purposes when auditory threshold in any of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz 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. In July 2014, the Veteran's service treatment records (STRs) were associated with the claims file. HERTZ MAR 1987 500 1000 2000 3000 4000 LEFT 10 0 10 5 10 HERTZ MAR 1995 500 1000 2000 3000 4000 LEFT 0 5 15 20 20 The Board observes that there was a slight shift or worsening of the Veteran's left ear hearing acuity during his second decade of U.S. Army service. In August 2021, the Veteran supplied sworn testimony to the undersigned Veterans' Law Judge (VLJ). At that time, the Veteran testified that he was not exposed to hazardous noise after separation from the U.S. Army. In August 2021, the agency of original jurisdiction (AOJ) issued a rating decision. Therein, the AOJ granted service connection for the Veteran's right ear hearing loss disability. The AOJ relayed that the Veteran's military occupational specialty (MOS) of track vehicle repairman was consistent with in-service acoustic trauma. In August 2021, the Veteran underwent a VA examination that addressed the severity of any currently endured left ear hearing loss. At that time, the Veteran demonstrated the following audiometric values: HERTZ AUG 2021 500 1000 2000 3000 4000 LEFT 35 35 45 65 65 The Veteran also demonstrated 64 percent left ear speech discrimination. Importantly, the examiner opined that the Veteran's demonstrated left ear hearing loss was at least as likely as not (50 percent probability or greater) caused by the Veteran's U.S. Army service. The examiner supplied the following rationale: "The relationship between noise exposure, auditory damage and hearing loss is well documented in the research and the objective evidence supports a nexus." As to the first element of service connection, the Board finds the August 2021 audiometric examination report establishes the presence of current left ear hearing loss for VA compensation purposes. Therefore, the first requisite element for direct service connection is substantiated. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303; Shedden, 381 F.3d at 1167. After review of the claims file, the Board observes that the Veteran is already service connected for bilateral tinnitus and right ear hearing loss disability. Additionally, as noted above, the Veteran's military occupational specialty (MOS) during U.S. Army service was track vehicle repairman. The Department of Defense's Duty MOS Noise Exposure Listing indicates that the Veteran's MOS was accompanied by a "high" probability of hazardous noise exposure. Accordingly, at this time, the Board finds the Veteran was routinely exposed to hazardous, loud noises during his U.S. Army service, and the second requisite element for service connection is substantiated. See id. Therefore, the primary question before the Board is whether the Veteran's in-service hazardous noise exposure led to his current left ear hearing loss disability. With regard to a nexus, the Board finds the April 2021 VA examiner's opinion provides sufficient evidence establishing a link between the Veteran's current left ear hearing loss and the presumed hazardous noise exposure during his period of active duty service. Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); see also 38 C.F.R. § 3.303 (a), (d). Moreover, the Board finds that the same acoustic trauma that caused damage to the Veteran's auditory system for purposes of bilateral tinnitus and right ear hearing loss would have likely caused auditory damage leading to left ear hearing loss as well. In light of the foregoing, and resolving all doubt in the Veteran's favor, the Board finds that service connection for left ear hearing loss is warranted. The Board finds the medical and lay evidence of record contains sufficient evidence to establish a nexus between the Veteran's current left ear hearing loss disability and his presumed in-service hazardous noise exposure. Ultimately, the Board concludes that the preponderance of the evidence supports a grant of service connection for a left ear hearing loss disability. Consequently, the Veteran's claim for service connection for left ear hearing loss disability must be granted. DAVID L. WIGHT Veterans Law Judge Board of Veterans' Appeals Attorney for the Board RLBJ, 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.