Citation Nr: 23008244 Decision Date: 02/08/23 Archive Date: 02/08/23 DOCKET NO. 18-35 446 040125 ORDER Entitlement to service connection for a bilateral hearing loss disability is granted. Entitlement to service connection for a tinnitus disability is granted. FINDINGS OF FACT56 1. The weight of the pervasive evidence indicates that the Veteran's current bilateral hearing loss is the result of his service in the United States Navy. 2. The weight of the pervasive evidence indicates that the Veteran's current tinnitus is the result of his service in the United States Navy. CONCLUSIONS OF LAW 1. The criteria for service connection for a bilateral hearing loss disability have been met. 38 U.S.C. §§ 1110, 5107 (West 2014); 38 C.F.R. § 3.303 (2021). 2. The criteria for service connection for a tinnitus disability have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. § 3.303. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served honorably in the United States Navy from July 1975 to July 1979. The certificate of release from active duty (DD214) indicates that the Veteran was an engine mechanic on the USS Fresno at his separation from U.S, Navy service. 1. Entitlement to service connection for a bilateral hearing loss disability is granted. 2. Entitlement to service connection for a tinnitus disability is granted. In April 2016, the Veteran submitted a VA Form 21-526EZ. Thereby, the Veteran initiated claims for service connection for bilateral hearing loss and tinnitus disabilities. Generally, to establish service connection there must be competent evidence showing: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the in-service injury incurred or aggravated during service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303; Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Entitlement to service connection for impaired hearing is subject to additional VA regulations. Specifically, a hearing impairment constitutes a disability for VA purposes when auditory threshold in any of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, or 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 Court has held that the "the threshold for normal hearing is from 0 to 20 dB (decibels), and higher threshold levels indicate some degree of hearing loss." Hensley v. Brown, 5 Vet. App. 155, 157 (1993). In May 2016, the Veteran's military personnel records (MPRs) and service treatment records (STRs) were associated with the claims file. The Board notes that the Veteran demonstrated the following audiometric values at induction: HERTZ July '75 500 1000 2000 3000 4000 RIGHT 10 15 5 15 5 LEFT 15 5 15 15 20 The Board also notes that the Veteran demonstrated the following audiometric values in May 1976. HERTZ May '76 500 1000 2000 3000 4000 RIGHT 15 10 10 20 15 LEFT 20 10 10 10 20 After deliberate review of the MPRs and STRs, the Board observes that the Veteran demonstrated a slight audiometric shift in hearing acuity over a period of less than a year of active duty. The Board notes that the threshold shift aligns with the Veteran's U.S. Navy duties. Specifically, the Department of Defense's Duty MOS Noise Exposure Listing indicates that all U.S. military mechanics have a "high probability" of hazardous noise exposure during service. In-service hazardous noise exposure is, therefore, consistent with the circumstances of the Veteran's duties in United States Navy. See 38 U.S.C. § 1154 (a); 38 C.F.R. § 3.303 (a); Veterans Benefits Administration Fast Letter No. 10-35 (September 2, 2010). In September 2016, the Veteran underwent a VA examination that addressed the nature and etiology of any currently endured hearing loss and tinnitus. The Veteran demonstrated the following audiometric values: HERTZ SEPT '16 500 1000 2000 3000 4000 RIGHT 10 10 45 50 55 LEFT 10 15 50 60 70 At that time, the Veteran demonstrated 100 percent right ear speech discrimination, and 96 percent in the left ear. The examiner noted bilateral sensorineural hearing loss was demonstrated by the Veteran. The examiner supplied negative opinions on any etiological relationship between the Veteran's current hearing loss and military service. The examiner supplied a negative opinion on any etiological relationship between the Veteran's current tinnitus and his military service. The examiner opined that the Veteran's current hearing loss and tinnitus were more likely the result of noise exposure that followed military service. In March 2017, the Veteran underwent an audiogram at New Wave Hearing Aids. At that time, the following audiometric values were demonstrated: HERTZ MAR '17 500 1000 2000 3000 4000 RIGHT 15 25 60 - 60 LEFT 20 20 65 - 75 At that time, the Veteran demonstrated 100 percent right ear speech discrimination, and 92 percent in the left ear. The private examiner did not consider or address tinnitus. In November 2022, the Veteran supplied sworn testimony to the undersigned Veteran's Law Judge (VLJ). The Veteran testified that, in addition to duties on the USS Fresno, he was stationed at the Coronado Naval Air Station. During sea service, the Veteran testified that he spent most of his time next to a diesel engine or in an engine room. The Veteran competently and credibly testified that he was working in the engine room of the U.S.S. Fresno for at least eight hours each day while underway. The Veteran testified that he worked in the U.S.S. Fresno engine room without hearing protection, stating that he was never issued nor offered hearing protection. The Veteran credibly reported that his separation hearing test from U.S military, in July 1979, was lost in a fire at a VA facility. The Veteran competently and credibly testified that OSHA and MSA required him to wear double hearing during his work after military separation. The Veteran testified that, when he left the military, he could not hear well and endured constant ear ringing. The Veteran competently testified that he did not file a VA claim until long after separation from the military, because he assumed the Navy would automatically grant him service connection. Lastly, the Veteran credibly testified that he was told by an audiologist, at separation from the U.S. Navy, that he had lost 30 to 40 percent of his hearing acuity. In conclusion, the Board notes that the appellate record reflects that the Veteran currently endures bilateral hearing loss and tinnitus. The Board also notes that the Veteran's claims file indicates that the Veteran endured bilateral hearing deficits during U.S. Navy service. Therefore, the Board now concludes that the pervasive weight of the requisite elements indicates support that the bilateral hearing loss and tinnitus have been substantiated by the evidence before the Board. Consequently, the Veteran's claims for service connection for bilateral hearing loss and tinnitus disabilities must be granted. Paul R. Casey Veterans Law Judge Board of Veterans' Appeals Attorney for the Board RLBJ, 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.