Citation Nr: 21011396 Decision Date: 03/01/21 Archive Date: 03/01/21 DOCKET NO. 15-04 086A DATE: March 1, 2021 ORDER Service connection for bilateral hearing loss is granted. FINDING OF FACT The preponderance of the medical evidence weighs for finding that the Veteran’s current bilateral hearing loss disability is causally related to noise exposure and the resultant acoustic trauma during service. CONCLUSION OF LAW The criteria for service connection for hearing loss have been met. 38 U.S.C. §§ 1110, 1112, 1113, 5107(b); 38 C.F.R. §§ 3.102, 3.303(b), 3.307, 3.309, 3.385. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the U.S. Army from April 1990 to February 1993. This matter was previously remanded by the Board of Veterans’ Appeals (Board) in September 2018 for evidentiary development. The Board finds that there has been substantial compliance with those remand directives. See Stegall v. West, 11 Vet. App. 268, 271 (1998) (holding that a remand by the Board confers upon the Veteran, as a matter of law, the right to compliance with its remand instructions, and imposes upon VA a concomitant duty to insure compliance with the terms of the remand); see also D’Aries v. Peake, 22 Vet. App. 97, 105 (2008) (holding that only substantial rather than strict compliance with the Board’s remand directives is required under Stegall). Service connection for bilateral hearing loss is granted Legal Criteria Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303 (a). Generally, service connection requires: (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. See Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge when the evidence establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). For the purposes of applying the laws administered by VA, impaired hearing will be considered to be a disability when the puretone threshold in any of the frequencies at 500, 1000, 2000, 3000, or 4000 Hertz is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies at 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. Factual Background & Analysis This matter was previously remanded by the Board in September 2018 to obtain a May 2013 private audiological examination audiogram. This evidence has since been associated with the claims file. The May 2013 private audiological examination audiogram shows puretone threshold loss in both the right and left ears of 40 decibels or greater at all relevant frequencies. The Veteran therefore has an impaired hearing disability for VA compensation purposes. 38 C.F.R. § 3.385. Following the audiological examination, the audiologist stated, “There is a direct cause and result relationship between [the Veteran’s] military service, loud noise exposure, tinnitus and neurosensory hearing loss. He hasn’t worked with any loud noises since his discharge from the military. There is no doubt in my mind that his current hearing loss and tinnitus are directly related to his military service.” Accordingly, the preponderance of the probative medical evidence weighs for finding that the Veteran’s bilateral hearing loss disability is causally related to his military service. The elements of service connection have been met and the claim is granted. Jennifer White Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Kyle McKone 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.