BVA9500598 DOCKET NO. 93-07 257 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Cleveland, Ohio THE ISSUE Entitlement to service connection for left hearing loss. ATTORNEY FOR THE BOARD Constance C. Hickey, Associate Counsel INTRODUCTION The veteran had active service from July 1967 to August 1992. This appeal arises to the Board of Veterans' Appeals (Board) from the November 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO), in Cleveland, Ohio, which denied service connection for hearing loss of the left ear. The issue of entitlement to service connection for hearing loss of the right ear has not been developed for appellate review and, accordingly, will not be addressed herein. However, in view of the audiometric findings recorded during service, and the diagnosis on recent VA examination, the attention of the RO is directed to consideration of this issue. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he is entitled to service connection for left hearing loss. The veteran asserts that the decrease in his left hearing acuity had its inception during service and resulted from his work as a training officer on the firing range. DECISION OF THE BOARD The Board, in accordance with the provisions of 38 U.S.C.A. § 7104 (West 1991), has reviewed and considered all of the evidence and material of record in the veteran's claims folder. Based on our review of the relevant evidence in this matter, and for the following reasons and bases, it is the decision of the Board that the evidence is in favor of a grant of service connection for left hearing loss. FINDINGS OF FACT 1. The veteran's hearing was within normal range on entry into active service. 2. The veteran was shown to have left sensorineural hearing loss disability manifested by thresholds of 50 decibels at 4000 Hertz, 40 decibels at 3000 Hertz, and 30 decibels at 2000 Hertz, on retirement from service. 3. The veteran is currently shown to have left sensorineural hearing loss disability. CONCLUSION OF LAW Left sensorineural hearing loss disability was incurred in service. 38 U.S.C.A. §§ 1110, 1131, 5107 (West 1991); 38 C.F.R. §§ 3.303, 4.85 (1994), 59 Fed. Reg. 60,560 (1994) (to be codified at 38 C.F.R. § 3.385). REASONS AND BASES FOR FINDINGS AND CONCLUSION At the outset, the Board finds that the veteran has met his burden of submitting evidence sufficient to justify a belief by a fair and impartial individual that his claim is well-grounded; that is, the claim is plausible. There is no indication that there are additional, pertinent records which have not been obtained. Accordingly, there is no further duty to assist the veteran in developing his claim, as mandated by 38 U.S.C.A. § 5107(a). Factual Background The report of the veteran's Reserve Officer Training Corps (ROTC) examination in December 1966 demonstrates audiological data indicative of normal hearing. Pure tone thresholds in decibels were noted as follows (after conversion to ISO units): HERTZ 500 1000 2000 3000 4000 RIGHT 5 0 5 5 0 LEFT 15 5 5 10 25 Service medical records show that on audiological evaluation conducted three months after entry onto active service, in November 1967, pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 0 0 0 - 10 LEFT 0 0 0 - 40 On audiological evaluation conducted in April 1971 pure tone thresholds, in decibels, were noted as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 5 5 15 - 5 LEFT 10 10 15 - 40 Audiological data within the normal range was again recorded on periodic evaluation in August 1972, when pure tone thresholds, were reported as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 15 5 15 - 10 LEFT 15 5 15 - 25 An overall increase in thresholds was noted in the veteran's October 1977 audiological evaluation when pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 5 5 15 20 20 LEFT 0 5 15 25 45 Periodic audiological evaluation in June 1981 revealed a slight increase in thresholds in the veteran's left ear. Pure tone thresholds, in decibels, were recorded as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 5 10 20 15 15 LEFT 5 10 20 25 45 The veteran reported hearing loss in the medical history portion of his April 1983 periodic examination. Pure tone thresholds, in decibels, which represented an overall increase from the previous examination, were recorded as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 10 10 30 25 20 LEFT 10 10 25 40 40 On the audiological evaluation conducted in September 1985, a slight increase over the previous examination was noted in the veteran's left ear threshold at 4000 Hertz. Pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 10 15 25 25 25 LEFT 10 10 25 40 45 The veteran's September 1990 audiological evaluation revealed a decrease in left ear threshold at 500 Hertz. Pure tone thresholds, in decibels, were noted as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 5 10 30 30 30 LEFT 0 10 25 40 45 The September 1990 examiner noted slight decrease in bilateral auditory acuity at mid to high frequencies. In the medical history portion of the veteran's May 1992 retirement examination he again indicated a history of hearing loss and reported that his hearing was a problem during normal conversation. Pure tone thresholds, in decibels, were as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 10 15 30 30 40 LEFT 10 15 30 40 50 Diagnosis assigned in May 1992 was mild to moderate bilateral hearing loss. On VA compensation examination conducted in October 1992 the veteran reported a history of noise exposure during active duty, including service on the artillery range. He asserted that he first noticed hearing loss following a military battle in Vietnam. Audiological evaluation revealed pure tone thresholds, in decibels, as follows: HERTZ 500 1000 2000 3000 4000 RIGHT 10 15 30 30 30 LEFT 5 10 25 30 45 Speech audiometry in October 1992 revealed speech recognition ability of 96 percent in the right ear and 100 percent in the left ear. The VA examiner indicated mild sensory hearing loss in the veteran's right ear and mild high frequency sensory hearing loss in the veteran's left ear. Entitlement to service connection for left hearing loss Service connection connotes many factors, but basically it means that the facts, as shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces or, if pre-existing such service, was aggravated therein. 38 U.S.C.A. § 1110. Such a determination requires a finding of a current disability which is related to an injury or disease incurred in service. Watson v. Brown, 4 Vet.App. 309, 314 (1993); Rabideau v. Derwinski, 2 Vet.App. 141, 143 (1992). Service connection may be accomplished by affirmatively showing inception or aggravation in service. 38 U.S.C.A. §§ 1110, 1131, 1153; 38 C.F.R. §§ 3.303, 3.306. Every veteran shall be presumed to have been in sound condition when examined, accepted, and enrolled for service, except as to defects, infirmities, or disorders noted at the time of the examination, acceptance, and enrollment, or where clear and unmistakable evidence demonstrates that the injury or disease existed before acceptance and enrollment. 38 U.S.C.A. § 1111 (West 1991). There is no available evidence of the veteran's audiological status on the precise date of entry into active service; therefore, he is presumed sound, i.e. with normal hearing. Furthermore, the Board finds that the ROTC examination, although conducted months before entry, also suggests normal hearing at the time of entry into active service. There is no evidence of defective hearing, left ear, until November 1967, three months after the veteran entered active service. Each disabling condition shown by a veteran’s service records, or for which he seeks service connection, must be considered on the basis of the places, types and circumstances of his service as shown by service records, the official history of each organization in which he served, his medical records and all pertinent medical and lay evidence. 38 U.S.C.A. § 1154. The veteran's report of hearing loss noted after military battle is consistent with, and supported by his record of service in Vietnam. The veteran has also asserted that he experienced noise exposure suggesting acoustic trauma, in his role a training officer on the firing range. The Board notes that this contention is both uncontroverted, and consistent with the overall pattern of decreasing hearing acuity over the veteran's twenty five years of service. The veteran's hearing is found to have been within normal limits on entry into active service. The veteran had left hearing loss in May 1992, as demonstrated on the retirement examination. He currently has left hearing loss, as demonstrated on VA compensation examination, which meets the criteria for hearing loss disability as set forth at 59 Fed. Reg. 60,560 (1994) (to be codified at 38 C.F.R. § 3.385). Accordingly, a proper basis is established for granting service connection for left hearing loss. ORDER Service connection for left hearing loss is granted. _____________________________ N. R. ROBIN Member, Board of Veterans' Appeals The Board of Veterans' Appeals Administrative Procedures Improvement Act, Pub. L. No. 103-271, § 6, 108 Stat. 740, ___ (1994), permits a proceeding instituted before the Board to be assigned to an individual member of the Board for a determination. This proceeding has been assigned to an individual member of the Board. NOTICE OF APPELLATE RIGHTS: Under 38 U.S.C.A. § 7266 (West 1991), a decision of the Board of Veterans' Appeals granting less than the complete benefit, or benefits, sought on appeal is appealable to the United States Court of Veterans Appeals within 120 days from the date of mailing of notice of the decision, provided that a Notice of Disagreement concerning an issue which was before the Board was filed with the agency of original jurisdiction on or after November 18, 1988. Veterans' Judicial Review Act, Pub. L. No. 100-687, § 402 (1988). The date which appears on the face of this decision constitutes the date of mailing and the copy of this decision which you have received is your notice of the action taken on your appeal by the Board of Veterans' Appeals.