BVA9508000 DOCKET NO. 93-14 489 ) DATE ) ) On appeal from a case certified by the Department of Veterans Affairs Regional Office in Oakland, California THE ISSUE Entitlement to service connection for a sensorineural hearing loss in the left ear. REPRESENTATION Appellant represented by: California Department of Veterans Affairs ATTORNEY FOR THE BOARD Ronald R. Bosch, Counsel INTRODUCTION The veteran served on active duty from February 1941 to October 1945 and from January 1947 to July 1968. This appeal arose from an August 1992 rating decision of the Department of Veterans Affairs (VA) Regional Office (RO) in San Francisco, California (now located in Oakland, California). The RO, in relevant part, granted entitlement to service connection for a right ear sensorineural hearing loss, and denied entitlement to service connection for a left ear sensorineural hearing loss. Subsequent to forwarding of his case to the Board for appellate review, a claim for an increased evaluation for the appellant's service-connected right nephrectomy with renal insufficiency was received and medical documentation pertaining to such claim was associated with the claims file. This issue is referred to the RO for initial consideration and appropriate action. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he spent his entire Air Force career constantly exposed to a hazardous noisy environment both on the flight line and in the hangar areas. The appellant states that he had nearly perfect hearing acuity when he entered the Air Force. Subsequent to service he states that he worked in a noise free environment as a clerk in a hardware store. The claimant avers that it stands to reason that his noise exposure during service accounts for his hearing loss in his left ear, as well as his right ear for which service connection has been granted. 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 after resolving reasonable doubt in the veteran’s favor that the record supports a grant of entitlement to service connection for a left ear sensorineural hearing loss. FINDINGS OF FACT 1. The veteran spent a large portion of his Air Force career as an aircraft maintenance technician both on the flight line and in the hangar areas. 2. The February 1968 report of medical examination for retirement shows there was a 45 decibel loss at 6000 Hertz in the left ear. 3. Post service VA and non-VA audiology studies show the veteran has a bilateral sensorineural hearing loss, and the evidence presented includes an opinion from a physician that this disorder is compatible with noise induced hearing loss. CONCLUSION OF LAW After resolving reasonable doubt in the veteran’s favor the Board finds that left ear sensorineural hearing loss was incurred during the veteran’s active duty service. 38 U.S.C.A. §§ 1110, 1131, 5107 (West 1991); 38 C.F.R. §§ 3.102, 3.303(b) (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION Initially the Board finds that the veteran's claim is well grounded within the meaning of 38 U.S.C.A. § 5107(a), in that he has presented a claim which is plausible. The Board is satisfied that all relevant facts have been properly developed, and that no further assistance to the veteran is required in order to comply with 38 U.S.C.A. § 5107(a). Service connection has been granted for a sensorineural hearing loss in the right ear, and for tinnitus. The veteran contends that his post service diagnosed sensorineural hearing loss in the left ear is related to his exposure to a hazardous noisy environment as an aircraft maintenance technician in the Air Force. There is no dispute that the veteran spent many years while on active duty as an aircraft maintenance technician. The service medical records show that sensorineural defective hearing was apparent in the right ear by audiology studies conducted at his February 1968 retirement examination. That examination report also shows that the veteran had a 45 decibel loss at 6000 Hertz in the left ear. This decibel loss is significant, and it cannot be satisfactorily dissociated from the post service diagnosed sensorineural hearing loss in the left ear by VA and non-VA medical health professionals. In this regard, the Board observes that in June 1989 Michael A. Matus, M.D., a private physician, diagnosed the veteran with a bilateral sensorineural hearing loss. Dr. Matus noted that the veteran had previously worked around jet aircraft and had gradually noticed increasing difficulty understanding conversation. Dr. Matus opined that the veteran's history was certainly compatible with a noise-induced sensorineural hearing loss. VA audiology studies conducted in December 1991 concluded in a finding of bilateral high frequency sensorineural hearing loss. The VA audiologist took cognizance of the veteran's history of noise exposure. In view of the veteran's documented history of years of exposure in service to a noisy environment as an aircraft maintenance technician, the Board finds it would be unreasonable to dissociate the post service diagnosed sensorineural hearing loss in the left ear from his active duty service. Furthermore, a private medical health professional has determined that the veteran's bilateral sensorineural hearing loss is compatible with a noise induced hearing loss. There is no evidence that the veteran worked in an acoustic environment postservice which was similar to the environment within which he served on active duty. Although not diagnosed in service with a sensorineural hearing loss, the veteran demonstrated an indication of the onset of such a disorder when he was examined at retirement and found to have a 45 decibel loss at 6000 Hertz. Hence, the Board concludes that the record raises a reasonable doubt. Accordingly, the Board concludes that service connection for a left ear sensorineural hearing loss is warranted. ORDER Entitlement to service connection for a sensorineural hearing loss in the left ear is granted. DEREK R. BROWN 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.