BVA9505211 DOCKET NO. 93-14 082 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Chicago, Illinois THE ISSUE Entitlement to service connection for left ear hearing loss disability. INTRODUCTION The veteran had active service from March 1972 to July 1992. This appeal is taken from a February 1993 Regional Office (RO) determination which denied entitlement to service connection for the disability at issue. CONTENTIONS OF APPELLANT ON APPEAL The veteran essentially contends that left ear hearing loss disability is currently demonstrated, and was initially incurred during his period of active service. 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 file(s). Based on its 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 supports the claim for service connection for left ear hearing loss disability. FINDINGS OF FACT 1. All evidence necessary for an equitable adjudication of the issue on appeal has been obtained. 2. Current left ear hearing loss disability may not be dissociated from left hearing loss demonstrated in service. CONCLUSION OF LAW Left ear hearing loss disability was incurred in service. 38 U.S.C.A. § § 1110, 1131, 5107(a) (West 1991); 38 C.F.R. § § 3.303 (1994); 59 Fed. Reg. 60560 (Nov. 25, 1994) (to be codified at 38 C.F.R. § 3.385). REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran's claim is "well grounded" within the meaning of 38 U.S.C.A. § 5107(a) (West 1991); that is, he has presented a claim that is plausible. He has not asserted that any records of probative value that may be obtained and which are not already associated with his claims folder are available. Accordingly, the Board finds that all relevant facts have been properly developed, and that the duty to assist him, mandated by 38 U.S.C.A. § 5107(a) (West 1991), has been satisfied. Service connection may be granted for hearing loss disability incurred in or aggravated by active service. 38 U.S.C.A. § 1110, 1131; 38 C.F.R. § 3.303(a), (b), and (c). Additionally, service connection may be established for hearing loss disability diagnosed at any time after service if shown to be etiologically related to service. 38 C.F.R. § 3.303(d). Service connection for impaired hearing shall not be established when the thresholds for the frequencies of 500, 1000, 2000, 3000, and 4000 hertz are all less than 40 decibels, the thresholds for at least three of these frequencies are 25 decibels or less, and speech recognition scores using the Maryland CNC Test are 94 percent or better. 59 Fed. Reg. 60560 (Nov. 25, 1994) (to be codified at 38 C.F.R. § 3.385). The service medical records reveal that on audiological examination performed in conjunction with the veteran's examination for entrance into service, in October 1971, left ear hearing at 500, 1000, 2000, and 4000 Hertz was 25, 5, 10, and 10, respectively. Similarly, on audiological evaluation in July 1978, left ear hearing at 500, 1000, 2000, 3000, and 4000 Hertz was 0, 5, 5, 10, and 5, respectively. In December 1982, the veteran was issued ear plugs based on his exposure to potentially hazardous noise. Audiological evaluation performed in April 1984 revealed left ear hearing at 500, 1000, 2000, 3000, and 4000 hertz was 20, 10, 15, 15, and 15, respectively. On audiological evaluation subsequent to service, performed in September 1992, left ear hearing at 500, 1000, 2000, 3000 and 4000 hertz was 0, 5, 20, 20, and 15 decibels, respectively. The clinical evidence clearly demonstrates that the veteran's left ear hearing underwent change during his years of active service. This change constituted a degree of loss of left ear hearing. Although left ear hearing loss disability as defined in 59 Fed. Reg. 60560 (Nov. 25, 1994) (to be codified at 38 C.F.R. § 3.385) was not demonstrated in service, the left ear hearing loss disability demonstrated after service has not been clinically dissociated from the degree of loss of left ear hearing demonstrated in service. Specifically, on VA audiological examination in February 1992, it was found that the veteran's left ear speech discrimination ability was less than 94 percent. Inasmuch as left ear hearing loss was demonstrated in service, and left ear hearing loss disability for VA purposes is currently demonstrated, the Board finds that with resolution of doubt in the veteran's favor, service connection for left ear hearing loss disability is warranted. ORDER Service connection for left ear hearing loss disability is granted. U. R. POWELL 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.