Citation Nr: 21025387 Decision Date: 04/28/21 Archive Date: 04/28/21 DOCKET NO. 17-25 755 DATE: April 28, 2021 ORDER Entitlement to service connection for bilateral hearing loss is granted. Entitlement to service connection for tinnitus is granted. FINDINGS OF FACT 1. The evidence is in relative equipoise as to whether the Veteran’s bilateral hearing loss is causally or etiologically related to in-service noise exposure. 2. The evidence is in relative equipoise as to whether the Veteran’s tinnitus is causally or etiologically related to his service. CONCLUSIONS OF LAW 1. The criteria for service connection for bilateral hearing loss are met. 38 U.S.C. §§ 1110, 1131, 5017; 38 C.F.R. §§ 3.102, 3.303, 3.385. 2. The criteria for service connection for tinnitus are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran had active service from February 1974 to July 1978. Issues 1-2: Entitlement to service connection for bilateral hearing loss and tinnitus. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 C.F.R. § 3.303(a). Service connection may be granted for any disease initially diagnosed after service when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Service connection for a disability requires evidence of: (1) the existence of a current disability; (2) the existence of the disease or injury in service, and; (3) a relationship or nexus between the current disability and any injury or disease during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). For a Veteran who served 90 days or more of active service after December 31, 1946, there is a presumption of service connection for organic diseases of the nervous system if the disability is manifest to a compensable degree within one year of discharge from service. 38 U.S.C. §§ 1112, 1137; 38 C.F.R. §§ 3.307, 3.309(a). Under 38 C.F.R. § 3.303(b), service connection will be presumed where there are either chronic symptoms shown in service or continuity of symptoms since service for diseases identified as “chronic” in 38 C.F.R. § 3.309(a). Walker v. Shinseki, 708 F.3d 1331, 1338-40 (Fed. Cir. 2013). Sensorineural hearing loss (organic disease of the nervous system) is a chronic disease listed under 38 C.F.R. § 3.309(a). Impaired hearing is considered a disability for VA purposes when the auditory threshold in any of the frequencies of 500, 1000, 2000, 3000, or 4000 Hertz is 40 decibels or greater; where the auditory thresholds for at least three of these frequencies are 26 decibels or greater; or when the Maryland CNC speech recognition scores are less than 94 percent. 38 C.F.R. § 3.385. The Veteran contends that he had exposure to acoustic trauma during service working with heavy transport and guns that misfired during a firing exercise resulting in an explosion. See, e.g. February 2021 Board hearing transcript. The Veteran stated that he experienced ringing in his ear and hearing problems since that time. Id. Service treatment records do not show the Veteran met the VA regulatory criteria for bilateral hearing loss nor do the records document complaints of tinnitus. A January 2018 private audiogram shows the Veteran met the criteria for bilateral hearing loss as he had at 4000 Hertz at least 70 decibels in the right ear and 80 decibels in the left ear along with a diagnosis of bilateral sensorineural hearing loss. As summarized above, the Veteran contends that he has had bilateral hearing loss and tinnitus since service. His DD 214 Form shows that his military occupational specialty was refueler operator. The Veteran’s contentions are credible and consistent with the circumstances of his service. The Board has no reason to doubt the credibility of the Veteran’s contentions. Hence, there is probative evidence with regard to a nexus on the basis of continuity of symptomatology pursuant to 38 C.F.R. § 3.303(b), as the Veteran has a diagnosis of bilateral sensorineural hearing loss and he is competent to report that he has experienced symptoms of bilateral hearing loss since service. As for tinnitus, tinnitus may only be observed by the Veteran and cannot be objectively tested for by an examiner. See generally Charles v. Principi, 16 Vet. App. 370 (2002). The Board recognizes that on VA audiological examination in November 2016 the examiner was unable to provide a favorable opinion regarding the Veteran’s hearing loss, however the Veteran did not meet the criteria for bilateral hearing loss at that time. As for tinnitus, the examiner also provided an unfavorable opinion noting that the Veteran reported the onset of tinnitus approximately 15 years after service. However, in statements in February 2017 and May 2017, and during the February 2021 Board hearing the Veteran clarified and confirmed that he has had tinnitus since service. Thus, in viewing the evidence in the light most favorable to the Veteran, the Board finds that the evidence is in relative equipoise (evidence for and against the Veteran’s claim is essentially equal), the benefit-of-the-doubt rule applies and the claims of entitlement to service connection for bilateral hearing loss and tinnitus are granted. 38 U.S.C. § 5107(b). Thomas H. O'Shay Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. Mac, 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.