Citation Nr: 21073798 Decision Date: 12/10/21 Archive Date: 12/10/21 DOCKET NO. 18-12 942 DATE: December 10, 2021 ORDER Service connection for bilateral hearing loss is granted. FINDING OF FACT The Veteran's current bilateral sensorineural hearing loss for VA purposes is related to his military noise exposure. CONCLUSION OF LAW The criteria for service connection for bilateral sensorineural hearing loss are met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102 , 3.303, 3.309(a), 3.385. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1965 to January 1969. These matters come before the Board of Veterans' Appeals (Board) on appeal from a July 2015 rating decision from a Department of Veterans' Affairs (VA) Regional Office (RO). In August 2021, the Veteran appeared before the undersigned Veterans Law Judge at a virtual hearing. A transcript of the hearing has been associated with the claims file. At the hearing, a motion to advance this claim on the docket was granted due to the Veteran's age. 38 U.S.C. § 7107(b)(3)(C). Entitlement to service connection for bilateral hearing loss is remanded. The Veteran contends that his bilateral hearing loss was caused by in-service noise exposure from jet engines. The Veteran states that he was exposed to jet engine noise daily while serving as a helicopter mechanic/crew chief. See Hearing Transcript received 8/02/2021 at page 3. A June 2015 VA examination report reflects that the Veteran's bilateral hearing loss meet the requirement of 38 C.F.R. § 3.385, bilaterally. As such, the first element of service is established. Regarding in-service event, the Veteran military occupational specially (MOS) was helicopter mechanic and crew chief. The Board finds that an in-service exposure to loud/hazardous noise is established as consistent with the places, types, and circumstance of his service, to include as a mechanic. Concerning a nexus, a June 2015 VA examiner based the finding of a negative nexus to service on the lack of evidence. See C&P Exam received 6/29/2015 at page 5. Even with this negative opinion, the Board finds that the competent evidence regarding the material element of nexus is in equipoise. In this regard, the 2015 VA examination report shows that the VA audiologist diagnosed the Veteran with sensorineural hearing loss, bilaterally. At the 2021 Board hearing, the Veteran testified to continuing hearing loss from service and to the lack of significant noise exposure after his active duty service. A nexus between a current disability and an in-service injury or event may be established by evidence of continuity of symptomatology, if the condition is a chronic disease enumerated under 38 U.S.C. § 1101. Walker v. Shinseki, 708 F.3d 1331, 1338-40 (Fed. Cir. 2013). Sensorineural hearing loss is considered organic diseases of the nervous system, and as such are enumerated chronic diseases. See 38 U.S.C. §§ 1101, 1112; Characterization of High Frequency Sensorineural Hearing Loss, Under Secretary for Health, October 4, 1995; 38 C.F.R. §§ 3.307, 3.309. As the evidence of record shows acoustic trauma in service and the Veteran's competent credible assertions of the onset of hearing loss in service continuing to the present, the evidence is at least evenly balanced in showing that the current hearing loss had its onset during service. 38 C.F.R. §§ 3.303(a), (b); 3.307; 3.309(a). As the evidence here is in relative equipoise, the benefit-of-the-doubt rule applies, and entitlement to service connection for bilateral hearing loss is granted. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Paul Sorisio Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Dixon, 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.