Citation Nr: 21031475 Decision Date: 05/22/21 Archive Date: 05/22/21 DOCKET NO. 14-21 046 DATE: May 22, 2021 ORDER Service connection for left ear hearing loss is granted. FINDING OF FACT The weight of the evidence supports a finding that the onset of the Veteran's left ear hearing loss was during his active duty service. CONCLUSION OF LAW The criteria for service connection for left ear hearing loss have been met. 38 U.S.C. §§ 1131, 5107(b); 38C.F.R. §§3.102, 3.303, 3.385. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service in the United States Air Force from January 1977 to June 1979. In connection with this appeal, the Veteran testified at a hearing before the undersigned Veterans Law Judge in August 2016. A transcript of that hearing is of record. This appeal was previously before the Board in April 2020. At that time, the Board, in part, denied the claim for service connection for a left ear hearing loss disability. The Veteran appealed the decision to the United States Court of Appeals for Veteran's Claims (Court). The Veteran did not challenge the Board's decision as to the issues of service connection for right ear hearing loss and sleep disabilities, or his claim of entitlement to an effective date prior to May 24, 2012 for the award of a total disability rating based on individual unemployability (TDIU). The Court found that on remand, the Board should readjudicate the service connection claim for left ear hearing loss. The Court found that the Board had failed to provide an adequate statement of reasons or bases for its finding that an August 2019 VA medical opinion was more probative than the May 2019 private medical opinion. For example, the Court indicated that the Board had noted inconsistencies in post-service hearing tests and counted that against the private medical opinion, but did not report that the VA medical opinion also did not consider these inconsistencies. The Court also found that the Board had determined that the private medical opinion had not considered in-service hearing tests, but did not acknowledge that the private medical opinion had noted "worsening frequency losses during service. According to the Court, the Board also did not explain why it found the private medical opinion to be of "a very generic nature," despite also finding it provided "extensive reasoning," or explaining why it was more generic than the VA medical opinion. The Veteran seeks service connection for left ear hearing loss. With respect to hearing loss, impaired hearing will be considered to be a disability under the laws administered by VA when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, 4000 Hertz (Hz) is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, or 4000 Hz 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 Court has held that the threshold for normal hearing is from 0 to 20 decibels, and that higher threshold levels indicate some degree of hearing loss. Hensley v. Brown, 5 Vet. App. 155, 157 (1993). The auditory thresholds set forth in 38 C.F.R. § 3.385 establish when hearing loss is severe enough to be service connected. Hensley at 159. First, the Board finds that the Veteran has a left ear hearing loss for VA compensation purposes. An August 2019 VA audiological evaluation reflects that the Veteran had pure tone thresholds of 30 decibels at 500, 1000 and 3000 Hertz in his left ear. Thus, as he had auditory thresholds that were at least 26 decibels or greater for at least three of the frequencies from 500-4000 Hertz, the criteria for left ear hearing loss for VA compensation purposes have been met. Second, VA has conceded that the Veteran had military noise exposure. Thus, the question that remains is whether the Veteran's left ear hearing loss was caused by his exposure to acoustic trauma during military service. There are private and VA opinions that are supportive of and are against the claim. In a report, received by VA in May 2019, Dr. C.B., opined that considering every possible sound medical etiology/principle, to at least the 50 percent level of probability, that the Veteran's current hearing loss was due to his experiences/trauma that he had during his period of military service. Dr. C. B. provided extensive reasoning for his conclusion to include, but not limited to, evidence that the Veteran entered service without any hearing-related problems; that he was exposed to acoustic trauma during service; he likely fell below the normal threshold for decibels loss for his age; and an absence of other risk factors (e.g., post-service occupational noise exposure). A VA opinion is also of record that reached a different conclusion. However, having reviewed the extensive claims file once again, the Board finds that the evidence is in equipoise as to whether the Veteran's left ear hearing loss disability was caused by his military noise exposure. Accordingly, service connection for left ear hearing loss is granted. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Carole Kammel, 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.