Citation Nr: 21027775 Decision Date: 05/06/21 Archive Date: 05/06/21 DOCKET NO. 19-12 095 DATE: May 6, 2021 ORDER Service connection for bilateral hearing loss disability is granted. FINDING OF FACT The evidence is at least in equipoise as to whether the Veteran's bilateral hearing loss disability was caused by service. CONCLUSION OF LAW The criteria for service connection for bilateral hearing loss disability are met. 38 U.S.C. §§ 1110, 1112, 1113, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1965 to July 1969. The Veteran appeared for a hearing before the undersigned Veterans Law Judge in June 2020. The hearing transcript is associated with the claims file. Service connection for bilateral hearing loss disability The Veteran contends his bilateral hearing loss disability is related to military noise exposure, to include working on a flight deck throughout service. He reported noticing hearing loss during service and it got progressively worse after service. See June 2020 hearing testimony. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Certain chronic diseases will be presumed related to service, to include sensorineural hearing loss, absent an intercurrent cause, if they were shown as chronic in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service (or within an applicable presumptive period) with continuity of symptomatology since service that is attributable to the chronic disease. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.303, 3.307, 3.309. Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013). For the purposes of applying the laws administered by VA, impaired hearing will be considered to be a disability when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, 4000 Hertz is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, 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. The Board recognizes the Veteran has bilateral hearing loss disability for VA purposes under 38 C.F.R. § 3.385. The Board recognizes the Veteran had significant noise exposure during service. The Veteran's MOS of Aviation Boatswains Mate had a high probability of hazardous noise exposure, which is consistent with the Veteran's descriptions of his noise exposures during service. Therefore, the question for the Board is whether the Veteran's bilateral hearing loss disability began during service or is related to noise exposure during service. The Board finds the evidence is at least in equipoise as to whether the Veteran's bilateral hearing loss disability was caused by service. Service treatment records (STR) include a November 1968 audiogram showing bilateral hearing loss disability under 38 C.F.R. § 3.385. Post-service, the first audiological testing of record was January 2018 VA examination showing hearing loss disability for VA purposes. 38 C.F.R. § 3.385. The January 2018 VA medical examiner stated he could not opine without speculating whether the Veteran's bilateral hearing loss disability was caused by or a result of service. The clinician stated his military noise exposure may have played a role in the onset of the Veteran's hearing loss. He noted the Veteran's MOS carried a high probability for noise exposure and the Veteran reported significant military noise. The clinician noted the first post-service audiogram available for review showed mixed hearing loss, bilaterally. In a February 2018 addendum opinion, the examiner stated that in spite of his extensive clinical knowledge and practice, there was not currently a method to parse out which of the possible etiologies caused the Veteran's current hearing loss. The clinician stated the Veteran's military noise exposure undoubtedly played a role in his current hearing loss. He stated the Veteran also had a family history of hearing loss and years of occupational noise exposure with no hearing protection. The Board finds the evidence is at least in equipoise as to whether the Veteran's bilateral hearing loss disability is related to service. There is evidence of bilateral hearing loss disability during service. The Veteran reported noticing hearing loss during service that progressively worsened after service. The first audiological testing after service showed hearing loss disability. The VA examiner stated the Veteran's military noise exposure undoubtedly played a role in his bilateral hearing loss disability. Accordingly, as the evidence is at least in equipoise, service connection for bilateral hearing loss disability is granted. KELLI A. KORDICH Veterans Law Judge Board of Veterans' Appeals Attorney for the Board T. Winkler, 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.