Citation Nr: 21008904 Decision Date: 02/18/21 Archive Date: 02/18/21 DOCKET NO. 16-15 881A DATE: February 18, 2021 ORDER Service connection for hearing loss in the right ear is granted. FINDING OF FACT The weight of the evidence shows that it is at least as likely as not that the hearing loss in the Veteran’s right ear is due to military noise exposure. CONCLUSION OF LAW The criteria for service connection for hearing loss in the right ear have been met. 38 U.S.C. § 1110; 38 C.F.R. §§ 3.303, 3.385. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran honorably served on active duty as a cannoneer from August 1968 to April 1970, to include his tour of duty in the Republic of Vietnam. In an October 2013 rating decision, the Regional Office (RO) denied his claim for bilateral hearing loss. The Veteran appealed. In July 2020, the Board remand the claim. In a September 2020 rating decision, the RO granted service connection for hearing loss in the left ear. In the concurrent supplemental statement of the case, the RO affirmed its prior denial of service connection for hearing loss in the right ear and then returned the appeal to the Board. Service connection is granted in hearing loss cases where the evidence of record shows that the current “disability due to hearing impairment” as defined in 38 C.F.R. § 3.385 is at least as likely as not (meaning probability of 50 percent or greater) to have been incurred in service or due to an in-service acoustic trauma, which is the case here. See 38 C.F.R. § 3.303. Here, an August 2013 VA audiology examination report reflects that the Veteran’s hearing acuity thresholds in his right ear meet the VA’s definition of a disability due to hearing impairment. See 38 C.F.R. 3.385. Further, the Board concedes that the Veteran had been exposed to military noise during his service, particularly given that his hearing loss in the left ear and tinnitus are already service connected. Furthermore, the Veteran’s service treatment records (STRs) reflect a positive shift in his right ear hearing acuity thresholds in four out five frequencies by as much as 15 dB, as shown by the comparison of an August 1968 audiometric data collected at entrance into service and the audiometric data recorded in April 1970. Although the Veteran’s hearing thresholds in his right appear within normal limits under the current audiometric standards, the STRs do not specify which standard was used. In hearing loss cases, like this, involving the period of service between January 1967 and December 1970, during which the military had transitioned from the American Standards Association (ASA) to the current audiometry standard, namely, the International Standard Organization-American National Standards Institute (ISO-ANSI), it is the Board’s policy to apply the standard that is most favorable to the Veteran. Upon conversion from ASA to ISO-ANSI standard, the Veteran’s audiometric data recorded at separation shows hearing loss in the right ear at 30dB in the 500 Hz frequency, which is indicative of an acoustic trauma consistent with the Veteran’s exposure to the extreme military noise levels. Of particular note, although the regulations define hearing loss for VA purposes as 26 dB or more in at least three of the frequencies, the precedent law observes that normal hearing range falls between 0 and 20 decibels, and any higher threshold levels do indicate some degree of hearing loss. See Hensley v. Brown, 5 Vet. App. 155, 157 (1993). As such, the Board finds that it is at least as likely as not that the Veteran had incurred his hearing loss in the right ear during service. The Board has noted a September 2019 VA audiologist’s negative nexus opinion, who appears to have been unaware of the Board’s audiometric data conversion policy. By implication, that particular opinion is based only on partial information and thus has little to no probative value here. Reonal v. Brown, 5 Vet. App. 458, 461 (1993). Otherwise, the record is devoid of any affirmative evidence to place into doubt the Board’s finding that the Veteran’s current hearing loss in the right ear at least as likely as not had been incurred in service. Accordingly, service connection for hearing loss in the right ear is granted. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Alex Bardin, 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.