BVA9502911 DOCKET NO. 93-09 267 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Pittsburgh, Pennsylvania THE ISSUES 1. Entitlement to service connection for right ear hearing loss. 2. Entitlement to service connection for duodenal ulcer disease. REPRESENTATION Appellant represented by: The American Legion WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Robert B. Swanson, Associate Counsel INTRODUCTION The appellant is a veteran who had active service from August 1967 to December 1971. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 1991 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Pittsburgh, Pennsylvania. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he has right ear hearing loss and duodenal ulcer disease, which had their onset in 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. 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 veteran has not met his initial burden of submitting evidence to justify a belief by a fair and impartial individual that his claims for service connection for right ear hearing loss and duodenal ulcer disease are well grounded. FINDINGS OF FACT 1. It is not shown that the veteran has right ear hearing loss which is related to service. 2. It is not shown that the veteran has duodenal ulcer disease. CONCLUSIONS OF LAW 1. The veteran has not submitted sufficient evidence to present a well-grounded claim for service connection for right ear hearing loss. 38 U.S.C.A. §§ 1110, 5107 (West 1991); 38 C.F.R. §§ 3.303, 3.385 (1994). 2. The veteran has not submitted sufficient evidence to present a well-grounded claim for service connection for duodenal ulcer disease. 38 U.S.C.A. §§ 1110, 5107 (West 1991); 38 C.F.R. § 3.303 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The veteran is seeking service connection for a right-sided hearing loss and duodenal ulcer disease. The threshold issue is whether he has submitted evidence to support well-grounded claims, that is, claims which are plausible, as required by 38 U.S.C.A. § 5107(a) (West 1991). The Board finds, as discussed below, that he has not presented evidence to support a well- grounded claim as to either of the disabilities at issue herein. According to the veteran's service medical records, audiometric testing was conducted during his examination for entrance into service in August 1967. Audiometric evaluation of the right ear revealed pure tone thresholds, in decibels, of 15, 10, 10, 10, and 10, at 500, 1,000, 2,000, 3,000, and 4,000 Hertz, respectively. In September 1968, he was hospitalized at a service medical facility after complaining of right lower quadrant pain following heavy lifting. He reported that a duodenal ulcer had been diagnosed by a private physician in July 1968, and a special diet, rest, and antacids had been recommended. Clinical and laboratory findings were unremarkable. The diagnosis was probable anterior abdominal muscle spasm. In February 1971, a periodic audiometric test was conducted, and evaluation of the right ear revealed pure tone thresholds, in decibels, of 20, 20, 10, 10, and 10, at 500, 1,000, 2,000, 3,000, and 4,000 Hertz, respectively. According to his examination for separation from service, dated in December 1971, audiometric testing was conducted. Evaluation of the right ear revealed pure tone thresholds, in decibels, of 20, 20, 5, 10, and 10, at 500, 1,000, 2,000, 3,000, and 4,000 Hertz, respectively. The report is devoid of any complaints, symptoms, findings, or diagnosis of a duodenal ulcer. Following his separation from service, the veteran received periodic private audiometric testing between June 1981 and June 1989. Audiometric testing was also conducted in or about March 1983 during an examination for entrance into the military Reserve. According to the latest examination, which was conducted in June 1989, evaluation of the right ear revealed pure tone thresholds, in decibels, of 35, 35, 20, 15, and 15 at 500, 1,000, 2,000, 3,000, and 4,000 Hertz, respectively. In March 1991, a general VA medical examination was conducted. During the examination, the veteran reported a history of peptic ulcer disease and hearing loss due to acoustic trauma. The clinical findings with respect to the upper gastrointestinal tract were unremarkable. An upper gastrointestinal series revealed a small hiatus hernia with an associated minimal gastroesophageal reflux, but no evidence of an ulcer. The diagnoses were history of hearing loss, and history of duodenal ulcer, occasionally symptomatic. In February 1992, the veteran testified at a hearing at the RO. With respect to his right ear hearing loss, he related that in service his right eardrum was torn due to a jet blast and that he was treated at a service medical facility. He indicated that subsequent to service he received employment physical examinations beginning in May 1972 and that he was told by the examiner that he had a hearing loss every year until he left employment in December 1989. As to his claimed ulcer disease, he stated that he was treated by a private physician, Grover T. Davis, M.D., in 1968 for an ulcer and that he was placed on a special diet as well as antacids. He indicated that he received no medical treatment following his separation from service and that he believed that he no longer had an ulcer. I. Service Connection for a Right-Sided Hearing Loss Service connection is granted for disability resulting from injury suffered or disease contracted during service. 38 U.S.C.A. § 1110 (West 1991); 38 C.F.R. § 3.303(a) (West 1994). To present a well-grounded claim for service connection, a claimant must show current disability associated with events in service. Rabideau v. Derwinski, 2 Vet.App. 141, 143 (1992). A hearing loss disability exists if any of the thresholds for the frequencies of 500, 1,000, 2,000, 3,000, and 4,000 Hertz is 40 decibels or more, at least three of the thresholds for any of the foregoing frequencies are more than 25 decibels, or speech recognition scores are less than 94 percent. 38 C.F.R. § 3.385. When the veteran was most recently examined, in June 1989, evaluation of the right ear revealed pure tone thresholds, in decibels, of 35, 35, 20, 15, and 15 at 500, 1,000, 2,000, 3,000, and 4,000 Hertz, respectively. He has submitted no evidence showing that he has hearing loss disability under the criteria cited above. Likewise, there is nothing in his service medical records documenting the injury which he claims brought on a hearing loss, i.e., there is no mention of findings, complaints, or treatment pertaining to the right tympanum. Although the veteran claims that he incurred right ear hearing loss as the result of an ear injury in service, he has not submitted any medical documentation to substanti- ate his claim as required to state a well-grounded claim. Tirpak v. Derwinski, 2 Vet.App. 609, 611 (1992). Moreover, his testimony relating a current hearing loss to service is not, without supporting evidence, sufficient to render his claim well grounded as he has not produced any evidence to show that he is competent to render such medical opinion. Espiritu v. Derwinski, 2 Vet.App. 492, 495 (1992). Accordingly, the Board finds that the veteran's claim for service connection for right ear hearing loss is not well grounded. II. Service Connection for Duodenal Ulcer Disease Service connection is, as noted above, granted for disabilities that resulted from injury suffered or disease contracted during service. 38 U.S.C.A. § 1110 (West 1991); 38 C.F.R. § 3.303(a). As is noted above, to present a well-grounded claim for service connection, a claimant must show that the disability at issue is present. Rabideau at 143. When the veteran was most recently examined, in March 1991, no evidence of an ulcer was found. Moreover, the veteran testified that he believed that he no longer had an ulcer. So, even his own testimony is against his claim. A present ulcer disability is, therefore, not shown by the evidence. As the veteran has not met this threshold requirement, his claim is not well grounded. ORDER The claim for service connection for right ear hearing loss is dismissed. The claim for service connection for duodenal ulcer disease is dismissed. GEORGE R. SENYK 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.