Citation Nr: 21014546
Decision Date: 03/12/21	Archive Date: 03/12/21

DOCKET NO. 15-20 831
DATE: March 12, 2021

ORDER

Service connection for right ear hearing loss is denied.

FINDING OF FACT

The findings of May 2011, June 2014, April 2016 and September 2019 VA audiological examinations indicate that the Veteran’s right ear hearing loss is not currently severe enough to be considered a hearing loss disability for VA compensation purposes. 

CONCLUSION OF LAW

The criteria for service connection for right ear hearing loss have not been met. 38 U.S.C. § 1110, 1112, 1113, 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 in the United States Army from July 1969 to April 1971. This matter is before the Board of Veterans Appeals (Board) on appeal from a January 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO). 

These matters were before the Board in July 2018 and August 2020 and were remanded for further development. 

Service connection for right ear hearing loss is denied.

Legal Criteria

Service connection may be granted for a disability resulting from disease or injury incurred or aggravated during active military service.  38 U.S.C. § 1110.  Generally, service connection requires (1) the existence of a present disability, (2) in-service incurrence or aggravation of an injury or disease, and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service.  Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004).  

Service connection may be granted on a presumptive basis for certain chronic diseases, including sensorineural hearing loss as an organic disease of the nervous system, if the disability was manifested to a compensable degree within one year of separation from service.  38 U.S.C. §§ 1110, 1112(a)(1), 1113; 38 C.F.R. §§ 3.307 (a)(3), 3.309(a).

For purposes of applying VA laws, impaired hearing is considered a hearing loss disability for VA compensation purposes when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, and 4000 hertz (Hz) is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, and 4000 Hz 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

The Veteran did not display hearing loss in the right ear for VA purposes at a May 2011 VA examination during which pure tone thresholds, in decibels, were as follows:

  	 	 	HERTZ	 	 

 	500	1000	2000	3000	4000

RIGHT	10 	10	15	20	25

LEFT	10 	15	20	25	45

In July 2014, the Veteran was afforded another VA audiological examination during which he did not display hearing loss in the right ear for VA purposes. Pure tone thresholds, in decibels, were as follows:

  	 	 	HERTZ	 	 

 	500	1000	2000	3000	4000

RIGHT	 10	15	20	20	25

LEFT	15 	15	20	25	35

Speech audiometry revealed speech recognition ability of 100 percent in the right ear and of 100 in the left ear.

In April 2016, the Veteran was afforded another VA audiological examination during which he did not display hearing loss in the right ear for VA purposes. Pure tone thresholds, in decibels, were as follows:

  	 	 	HERTZ	 	 

 	500	1000	2000	3000	4000

RIGHT	 25	20	25	25	20

LEFT	15 	15	20	25	25

Speech audiometry revealed speech recognition ability of 96 percent in the right ear and of 96 in the left ear.

The Veteran was afforded a September 2019 VA audiological examination at which pure tone thresholds, in decibels, were as follows:

  	 	 	HERTZ	 	 

 	500	1000	2000	3000	4000

RIGHT	 20	15	25	25	20

LEFT	15 	15	20	25	35

Speech audiometry revealed speech recognition ability of 96 percent in the right ear and of 96 in the left ear.

In October 2020, a VA physician explained that the Veteran evidenced right ear normal hearing except for a mild hearing loss at 8KHZ (30) at the September 2019 VA examination. The physician explained that while the Veteran may have impaired hearing in the right ear, the severity of the hearing loss does not currently meet the criteria to be considered a disability for VA compensation purposes. 

Analysis

The findings of the May 2011, June 2014, April 2016 and September 2019 VA audiological examinations indicate that the Veteran does not have a hearing loss disability in the right ear for VA compensation purposes. Without a current disability, service connection cannot be established. Brammer v. Derwinski, 3 Vet. App. 223 (1992).

The Board has considered the Veteran’s lay statements about his inability to hear well in the right ear and does not doubt the credibility or accuracy of his statements about these observable symptoms. However, while the Veteran is competent (that is, qualified) to describe his observable hearing loss symptoms, he is not competent to render a medical diagnosis about the objective severity of his hearing loss because such an opinion requires objective medical testing and expertise. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). 

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Because the preponderance of the evidence is against the claim for service connection for right ear hearing loss, the claim must be denied.

 

VICTORIA MOSHIASHWILI

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	Alexander Bahus

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.