Citation Nr: 21028681 Decision Date: 05/11/21 Archive Date: 05/11/21 DOCKET NO. 19-15 441 DATE: May 11, 2021 ORDER Entitlement to service connection for a bilateral hearing loss disability is granted. FINDING OF FACT The Veteran's bilateral hearing loss disability was caused by his service-connected prostate cancer disability. CONCLUSION OF LAW The criteria for service connection for bilateral hearing loss disability have been met. 38 U.S.C. §§ 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.385, 3.310 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from March 1968 to May 1972. In April 2021, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. Service Connection A Veteran is entitled to VA disability compensation if there is a disability resulting from personal injury suffered or disease contracted in the line of duty in active service, or for aggravation of a preexisting injury suffered or disease contracted in the line of duty in active service. 38 U.S.C. §§ 1110, 1131. Generally, to establish a right to compensation for a present disability, a veteran must show: (1) a present disability; (2) an 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, the so-called "nexus" requirement. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Under section 3.310(a) of VA regulations, service connection may be established on a secondary basis for a disability which is proximately due to or the result of service-connected disease or injury. 38 C.F.R. § 3.310(a). Establishing service connection on a secondary basis requires evidence sufficient to show: (1) a current disability; (2) a service-connected disability; and (3) a nexus between the current disability and the service-connected disability. See Wallin v. West, 11 Vet. App. 509, 512 (1988). As to the third Wallin element, the current disability may be either (a) proximately caused by or (b) proximately aggravated by a service-connected disability. Allen v. Brown, 7 Vet. App. 439, 448 (1995) (en banc). Hearing loss will be considered a disability for VA purposes when the threshold level in any of the frequencies 500, 1000, 2000, 3000, and 4000 hertz (Hz) is 40 decibels or greater; or the thresholds for at least three of these frequencies are 26 decibels or greater; or speech recognition scores utilizing recorded Maryland CNC word lists are less than 94 percent. 38 C.F.R. § 3.385; see also Palczewski v. Nicholson, 21 Vet. App. 174, 178-80 (2007). Entitlement to service connection for a bilateral hearing loss disability is granted. The Veteran contends his bilateral hearing loss is secondary to his service-connected prostate cancer disability surgery. See November 2017 VA Form 21-526EZ. The first element of service connection on a direct and secondary basis is met. The Veteran has a current bilateral hearing loss disability for VA purposes. See December 2017 VA examination report. Turning to the second element of service connection on a direct basis, the Veteran does not contend, and the evidence does not otherwise support the Veteran had an in-service incurrence or aggravation of a disease or injury related to his hearing loss. Thus, the second element of service connection on a direct basis has not been met. Rather, the second element of service connection on a secondary basis has been satisfied, as he is service connected for prostate cancer. See March 2018 rating code sheet. As such, the crux of this case centers on whether there is an etiological relationship between the Veteran's bilateral hearing loss disability and his service-connected prostate cancer disability. In this regard, in a December 2018 private nexus opinion, Dr. T.G. determined the Veteran's right ear hearing loss is as likely as not to have resulted from his 2013 prostate surgery. Dr. T.G. explained that prior to his prostate surgery the Veteran did not have the right hearing loss and that the right ear hearing loss happened as a complication of the 2013 prostate surgery. Further, at his April 2021 Board hearing, the Veteran testified that both of his ears were fine before surgery, but after surgery both ears have continued to have hearing loss. He explained that because his right ear hearing loss symptoms were so severe, he did not pay as much attention to his left ear symptoms, but he has continued to have left ear hearing loss symptoms along with his right ear hearing loss symptoms, which have persisted since surgery. The Board finds Dr. T.G.'s December 2018 private opinion as well as the Veteran's testimony competent and credible and affords significant probative weight. There is no probative opinion of record that contradicts the December 2018 private opinion or Veteran's testimony that his bilateral hearing loss disability is due to his service-connected prostate cancer surgery. Thus, after resolving any reasonable doubt in his favor, the Board finds that the Veteran's bilateral hearing loss disability was caused by his service-connected prostate cancer, and service connection is warranted. E. I. VELEZ Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S. Schick, 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.