Citation Nr: 21030636 Decision Date: 05/19/21 Archive Date: 05/19/21 DOCKET NO. 14-18 336 DATE: May 19, 2021 ORDER Service connection for bilateral hearing loss is granted. FINDING OF FACT Bilateral hearing loss originated because of active service. CONCLUSION OF LAW The criteria to establish service connection for bilateral hearing loss have been met. 38 U.S.C. §§ 1110, 1131, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.159, 3.303 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from February 1986 to July 1986, March 2003 to May 2004, July 2007 to May 2009, May 2009 to August 2010, and July 2006 to July 2007. Service Connection for Bilateral Hearing Loss Service connection may be granted for current disability arising from disease or injury incurred or aggravated by active service. 38 U.S.C. § 1110. Service connection may be granted for any disease diagnosed after discharge 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 generally requires (1) medical evidence of a current disability; (2) medical or, in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection for impaired hearing shall be established when the thresholds for any of the frequencies of 500, 1000, 2000, 3000 and 4000 Hertz are 40 decibels or more; or the thresholds for at least three of these frequencies are 26 decibels; or speech recognition scores using the Maryland CNC Test are less than 94 percent. 38 C.F.R. § 3.385 (2020). In an October 1988 audiogram, the Veteran's pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 0 0 5 5 5 LEFT 0 0 5 5 5 In a July 1992 audiogram, the Veteran's pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 0 0 10 5 10 LEFT 0 0 10 10 5 In a November 2007 audiogram, the Veteran's pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 0 0 0 20 15 LEFT 0 0 10 5 10 In a November 2008 audiogram, the Veteran's pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 0 0 5 10 15 LEFT 5 0 0 20 20 In an April 2010 audiogram, the Veteran's pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 0 5 15 25 30 LEFT 10 5 15 30 30 In May 2011, the Veteran was afforded a VA audiological examination. The examiner noted that the Veteran's hearing was within normal limits from 250 to 2000 Hz with mild to moderate sensorineural hearing loss beginning at 3000 Hz for both ears. Word recognition was 100 percent in both ears. The examiner noted that the Veteran experiences significant communication problems, especially in noisy listening environments. In August 2011, the Veteran reported that he was exposed to noise from machine gun fire, explosions, generators, armored vehicles, and aircraft while deployed to Iraq. The Veteran noted that he has difficulty hearing his wife and children and often requests that they repeat what they have said. In February 2012, the Veteran was afforded a VA audiological examination. During this examination, pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 0 0 15 25 25 LEFT -5 0 15 30 30 Speech audiometry revealed speech recognition ability of 100 percent in the right ear and 98 percent in the left ear. Based on these results, the VA examiner concluded the Veteran has bilateral sensorineural hearing loss. However, the Veteran's hearing loss was not severe enough to warrant service connection as a VA disability. The examiner noted that the Veteran was exposed to acoustic trauma during service as the Veteran reported. The examiner stated that the Veteran's hearing loss was most likely caused by acoustic trauma during service and noted threshold shifts in hearing from military entry to separation. In the Veteran's January 2021 hearing, he indicated that his hearing had worsened since February 2012. The Veteran and his wife noted numerous examples of the Veteran's difficulty to hear in different situations, such as when wearing protective COVID masks. The Veteran also routinely misunderstands portions of a conversation due to mishearing words. In March 2021, the Veteran received an audiological examination. During this examination, pure tone thresholds, in decibels were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 30 35 50 55 65 LEFT 20 25 50 55 60 Speech audiometry revealed speech recognition ability of 70 percent in the right ear and 54 percent in the left ear. The clinician noted that the Veteran had mild sloping to severe bilateral sensorineural hearing loss. Functional limitations include difficulty hearing in noisy situations and in meetings. (Continued on next page) The competent evidence indicates the Veteran was exposed to acoustic trauma in service which caused his current hearing loss. The claim is granted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102. Vito A. Clementi Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Wozniak, 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.