Citation Nr: 21076592
Decision Date: 12/27/21	Archive Date: 12/27/21

DOCKET NO. 18-39 385
DATE: December 27, 2021

ORDER

Entitlement to service connection for right ear hearing loss is granted.

Entitlement to service connection for tinnitus is granted.

FINDINGS OF FACT

1. Resolving reasonable doubt in the Veteran's favor, his right ear hearing loss is at least as likely as not related to his in-service noise exposure. 

2. Resolving reasonable doubt in the Veteran's favor, his tinnitus is at least as likely as not related to his in-service noise exposure. 

CONCLUSIONS OF LAW

1. The criteria for service connection for right ear hearing loss have been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.385 (2021). 

2. The criteria for service connection for tinnitus have been met. 38 U.S.C. §§ 1110, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.385 (2021). 

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served on active duty from July 1963 to June 1967. 

This matter comes before the Board of Veterans' Appeals (Board) from a November 2017 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran testified at a Board hearing before the undersigned Veterans Law Judge in June 2021. A transcript of the hearing is in the record.

1. Entitlement to service connection for right ear hearing loss.

2. Entitlement to service connection for tinnitus.

Generally, to establish service connection a Veteran must show: "(1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service." Davidson v. Shinseki, 581 F.3d 1313, 131516 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may also be granted for any injury or disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease or injury was incurred in service. 38 C.F.R. § 3.303(d).   

The Veteran contends his right ear hearing loss and tinnitus are due to in-service noise exposure. Service connection is in effect for left ear hearing loss. 

There is unfavorable VA medical opinion evidence against the claim and favorable private medical opinion evidence in favor of the claim. In a January 2020 report, Dr. E.S., an otolaryngologist, opined: "More likely than not, his noise exposures during his military service contributed to his current severe bilateral neurosensory hearing impairment with associated tinnitus."

Under the benefit of the doubt rule, where there exists "an approximate balance of positive and negative evidence regarding the merits of an issue material to the determination of the matter," the Veteran shall prevail upon the issue. Ashley v. Brown, 6 Vet. App. 52, 59 (1993); Massey v. Brown, 7 Vet. App. 204, 206-207 (1994); 38 U.S.C. § 5107(b). The Board finds that the evidence related to the nexus question is in relative equipoise. Resolving reasonable doubt in favor of the Veteran the Board finds that it is at least as likely as not that the Veteran's current right ear hearing loss and tinnitus are due to his in-service noise exposure. Accordingly, entitlement to service connection for right ear hearing loss and tinnitus is granted.

 

 

TANYA SMITH

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	S. Vang, 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.