Citation Nr: 21074316 Decision Date: 12/14/21 Archive Date: 12/14/21 DOCKET NO. 18-14 980 DATE: December 14, 2021 ORDER Entitlement to service connection for bilateral hearing loss is granted. FINDING OF FACT The Veteran's bilateral hearing loss began in service and has continued since service. CONCLUSION OF LAW The criteria for entitlement to service connection for bilateral hearing loss have been met. 38 U.S.C. §§ 1101, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.385. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1978 to October 1981, which was followed by service in the United States Army National Guard. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2016 rating decision issued by a Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). In this regard, July 2015 and November 2015 rating decisions denied service connection for bilateral hearing loss. The Board observes that new and material evidence related to the claim for service connection for bilateral hearing loss was received within one year of the issuance of the July 2015 and November 2015 rating decision. 38 C.F.R. § 3.156(b). Therefore, the Veteran's original December 3, 2014, claim is still pending. The Board notes that the original claim was filed for "hearing loss" generally, and the AOJ adjudicated the claim for bilateral hearing loss. The Veteran has contended the same in-service noise exposure for both the left and the right ear, and when discussing his hearing loss has not distinguished between each ear. While the notice of disagreement and statements of the case refer only to the left ear hearing loss, the Board broadly construes the Veteran's claim and appeal to encompass both right ear and left ear hearing loss. The Veteran testified before the undersigned at a virtual hearing in August 2021; a transcript of the proceeding has been associated with the claims file. Entitlement to service connection for bilateral hearing loss Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Certain chronic diseases, such as sensorineural hearing loss, will be presumed related to service if they were shown as chronic in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service, with continuity of symptomatology since service that is attributable to the chronic disease. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.303, 3.307, 3.309. Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013). For the purposes of applying the laws administered by VA, impaired hearing will be considered to be a disability when the 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. The January 2018 VA examination found the Veteran had bilateral hearing loss considered to be a disability for VA purposes. 38 C.F.R. § 3.385. The Veteran testified at the August 2021 Board hearing about his in-service noise exposure. He stated that he was in the Army band during active duty and was exposed to very high decibel noise while playing and was told not to wear hearing protection. He played trumpet and was situated directly in front of the drums, and he was exposed to cannon fire while playing certain pieces. The Veteran stated that his hearing loss began in service and has continued since and gotten progressively worse. The Board finds the Veteran's statements credible and probative as to his exposure to hazardous noise during service and as to symptoms of some level of hearing loss during service. As the evidence indicates that the Veteran experienced hearing loss in service and has had continuous symptoms of hearing loss since service, continuity of symptomatology is established. See 38 C.F.R. § 3.303 The October 2015 VA examination found only left ear hearing loss for VA purposes. The examiner stated that there was not a permanent positive threshold shift in the Veteran's left ear during service, and therefore he did not provide an opinion as to whether the Veteran's left ear hearing loss was related to service. A lack of hearing loss in service cannot be the sole reason for finding the Veteran's hearing loss was not related to service. Therefore, the Board finds this opinion of limited probative value. The January 2018 VA examiner found the Veteran had bilateral hearing loss. He stated that he could not provide a medical opinion without resorting to speculation, as there were no entrance or exit examinations noted in the file for his active duty. The examiner did not appear to consider the Veteran's statements that his hearing loss began in service and has continued since. As such, this opinion is of little probative value. The record also contains a December 2015 private provider opinion from Dr. M. The provider stated that the Veteran was a member of the band in service for 35 years and did not wear noise protected. He found that the Veteran's hearing loss was most likely related to exposure to noise during service. However, while the doctor discussed the Veteran's time in the band, he was not in active-duty service for the full 35 years. The doctor did not appear to review the Veteran's service records and provided inadequate rationale for his opinion. Therefore, this opinion is accorded little probative value. Therefore, the most probative evidence of record is the Veteran's credible statements that his hearing loss began in service and has continued since. Accordingly, entitlement to service connection is warranted. Resolving all reasonable doubt in favor of the Veteran, the Board grants entitlement to service connection for bilateral hearing loss. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Tiffany Dawson Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Patrick, 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.