Citation Nr: 21021479 Decision Date: 04/13/21 Archive Date: 04/13/21 DOCKET NO. 15-15 604 DATE: April 13, 2021 ORDER Entitlement to service connection for bilateral hearing loss is denied. Entitlement to service connection for tinnitus is granted. FINDINGS OF FACT 1. The Veteran does not have a bilateral hearing loss disability for VA compensation purposes. 2. Resolving all doubt in favor of the Veteran, tinnitus has its onset during active military service. CONCLUSIONS OF LAW 1. The criteria for service connection for bilateral hearing loss have not been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. §§ 3.303, 3.307, 3.309, 3.385. 2. The criteria for service connection for tinnitus have been met. 38 U.S.C. §§ 1131, 5107; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active duty with the United States Air Force from June 1976 to October 1977. These matters come before the Board of Veterans’ Appeals (Board) on appeal of a February 2014 rating decision. The Veteran was scheduled for a Board videoconference hearing in April 2019, but he failed to report for the hearing. His request is considered withdrawn. Service Connection To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. § 1131; 38 C.F.R. § 3.303(a). Service connection for impaired hearing is subject to the additional requirement of 38 C.F.R. § 3.385, which provides that impaired hearing will be considered to be a disability only if at least one of the thresholds for the frequencies of 500, 1000, 2000, 3000, or 4000 Hertz is 40 decibels or greater; the thresholds for at least three of the frequencies are greater than 25 decibels; or speech recognition scores using the Maryland CNC Test are less than 94 percent. See also Hensley v. Brown, 5 Vet. App. 155 (1993). 1. Bilateral Hearing Loss The Veteran reports noise exposure during weapons training and in his position as a security specialist on the flight line. His in-service noise exposure is conceded. The Veteran underwent a January 2014 VA audiology examination and the results showed that hearing loss “disability” for VA purposes pursuant to 38 C.F.R. § 3.385 is not shown in either ear. Specifically, at that examination, each of the Veteran’s tested thresholds was at 20 decibels or below. Accordingly, the Veteran does not meet the criteria of either having three tested thresholds above 26 decibels, or one tested threshold above 40. Further, his speech recognition scores were 94 percent in the right ear and 100 percent in the left. Because neither score was less than 94 percent, the Veteran does not meet the final criterion for his hearing to be considered a disability for VA purposes. 38 C.F.R. § 3.385. There is no other evidence in the Veteran’s claims file reflecting that he has hearing loss for VA purposes. As noted above, the Veteran’s exposure to acoustic trauma during service has been conceded. However, the most competent and credible evidence of record does not show that the Veteran currently has hearing loss for VA purposes during the pendency of the appeal. While the Veteran contends that he has hearing loss, the determination of whether hearing loss meets VA standards to qualify as a hearing loss disability must be supported by testing compliant with VA regulations. The symptoms the Veteran has reported are not supported by medical professional testing meeting the VA standards for a hearing test. While the Veteran is competent to describe his symptoms, the determination of whether hearing loss meets the criteria for a disability under VA regulations requires specialized medical knowledge or training. His statements alone therefore cannot serve as competent evidence of a current disability. The preponderance of the evidence is against the Veteran’s claim; there is no doubt to be resolved; and service connection for bilateral hearing loss must be denied. 2. Tinnitus As noted above, the Board concedes exposure to loud military noise during service. The Board notes that a January 2014 VA examiner provided a negative nexus opinion on the basis that the Veteran reported the onset of a tinnitus “year or so ago.” However, in his May 2015 VA Form 9, the Veteran reported that he has experienced ringing in his ears ever since discharge from service and that it has worsened in the past few years. The Veteran is considered competent to provide evidence regarding symptoms he has experienced, such as ringing in the ears for many years. His statements as to noise exposure are consistent with the circumstances of his service and the Board finds such statements credible. Therefore, considering the totality of the evidence, the Board finds that the evidence is at least in equipoise on the question of a nexus between service and the current tinnitus. Resolving reasonable doubt in the Veteran’s favor, the claim of service connection for tinnitus is granted. Evan M. Deichert Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board J. Henriquez, 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.