Citation Nr: 21074928 Decision Date: 12/16/21 Archive Date: 12/16/21 DOCKET NO. 16-32 595 DATE: December 16, 2021 ORDER Entitlement to service connection for left ear hearing loss is denied. FINDING OF FACT The Veteran's left ear hearing loss was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease. CONCLUSION OF LAW The criteria for service connection for left ear hearing loss are not met. 38 U.S.C. §§ 1110, 1112, 1113, 1131, 1137, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1987 to July 1991. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March 2015 rating decision by a Department of Veterans Affairs (VA) Regional Office (RO). This matter was previously before the board in October 2019 and May 2021. In a July 2021 rating decision, the RO granted service connection for right ear hearing loss. Thus, service connection for right ear hearing loss is no longer before the Board. See Grantham v. Brown, 114 F.3d 1156 (Fed. Cir. 1997) (where an appealed claim for service connection is granted during the pendency of the appeal, a second NOD must thereafter be timely filed to initiate appellate review of the claim concerning the compensation level assigned for the disability). 1. Entitlement to service connection for left ear hearing loss The Veteran seeks service connection for left ear hearing loss. He contends that his left ear hearing loss is related to hazardous noise exposure during active service. 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 will be presumed related to service, absent an intercurrent cause, 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 (or within an applicable presumptive period) 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). Specific to claims of service connection, impaired hearing is considered a disability for VA purposes when the auditory threshold in any of the frequencies of 500, 1000, 2000, 3000, or 4000 Hertz is 40 decibels or greater; the thresholds for at least three of these frequencies are 26 or greater; or when speech recognition scores using the Maryland CNC Test are less than 94 percent. 38 C.F.R. § 3.385. The question for the Board is whether the Veteran has a current left ear hearing loss disability that began during service or is at least as likely as not related to an in-service injury, event, or disease. The Board concludes that, while the Veteran has a current diagnosis of left ear hearing loss, and evidence shows that hazardous noise exposure occurred, the preponderance of the evidence weighs against finding that the Veteran's left ear hearing loss onset during service due to acoustic trauma sustained therein. The Veteran's service treatment records are silent for complaints of, treatment for, and/or a diagnosis of hearing loss. On the authorized audiological evaluation in April 1987, pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 6000 LEFT 5 5 0 0 5 10 In October 1987, pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 6000 LEFT 5 5 0 0 5 10 At his April 1991 discharge examination, pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 6000 LEFT 15 15 0 0 5 20 The Veteran was afforded a VA examination in February 2015. Test results were not valid. Pure tone thresholds and speech recognition results were in conflict with each other and with observed behavior. Pure tone results indicated severe to profound hearing loss, while speech recognition suggested a moderate hearing loss in each ear. The Veteran was afforded a VA examination in May 2016. Test results were not valid for rating purposes. No opinion regarding the etiology of the Veteran's hearing loss was offered at the February 2015 or May 2016 VA examinations. The Veteran was afforded a VA examination in December 2019. On the authorized audiological evaluation, pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 LEFT 70 70 65 65 60 Test results were valid for rating purposes. The examiner opined that the claimed condition was less likely than not related to hazardous noise exposure incurred during active service. However, the May 2021 Board remand found that the opinion did not adequately address the observed auditory threshold shifts between the Veteran's entrance into service and his separation. In May 2021, a VA audiologist reviewed the claims file and offered an addendum opinion. The audiologist opined that it is unlikely the Veteran's left ear hearing loss is the result of his military noise exposure. The audiologist explained that there was no shift in hearing threshold between entrance and separation for the left ear. The audiologist's opinion is probative, because it is based on an accurate medical history and provides an explanation that contains clear conclusions and supporting data. Nieves-Rodriguez v. Peake, 22 Vet. App. 295, 304 (2008). The Veteran believes his left ear hearing loss is related to in-service noise exposure. The Veteran in this case is not competent to provide a nexus opinion regarding this issue. This issue is medically complex, as it involves internal disease processes and requires knowledge of interpretation of complicated diagnostic medical testing. Therefore, it is outside the competence of the Veteran in this case because the record does not show that he has the medical training or credentials to make such a determination. Jandreau v. Nicholson, 492 F.3d 1372, 1377 n.4 (Fed. Cir. 2007); see also Kahana v. Shinseki, 24. Vet. App. 428 (2011). Consequently, the Board gives more probative weight to the May 2021 addendum opinion. There is no competent medical evidence to the contrary. In reaching the above conclusions, the Board has considered the applicability of the benefit of the doubt doctrine; however, as the preponderance of the evidence is against the claim, the doctrine is not applicable. Accordingly, service connection for a left ear hearing loss disability is not warranted. See 38 U.S.C. § 5107 (b); 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 55-57 (1990). G. Jackson Acting Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D. Lauritzen, 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.