BVA9505985 DOCKET NO. 93-14840 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Regional Office in Winston-Salem, North Carolina THE ISSUE Entitlement to service connection for hearing loss. REPRESENTATION Appellant represented by: Disabled American Veterans ATTORNEY FOR THE BOARD James Douglas, Associate Counsel INTRODUCTION This matter comes before the Board of Veterans' Appeals (BVA or Board) on appeal from an August 1991 rating decision of the Department of Veterans Affairs (VA) Regional Office in Winston- Salem, North Carolina (RO) which denied the benefit sought on appeal. The veteran, who had active service from May 1937 to December 1940 and April 1942 to September 1945, appealed the decision to the BVA, and the case was received at the Board in July 1993. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that the RO was incorrect in denying his claim for service connection for hearing loss. The veteran asserts that his hearing is impaired, and that this impairment is the result of his service as a Gunner's Mate and gunnery instructor while n the Navy. Therefore, a favorable determination has been requested. 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 presented evidence that the claim for service connection for hearing loss is well-grounded. Accordingly, the veteran's appeal is dismissed. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the RO. 2. Service medical records contain no evidence of hearing loss. 3. Many years after his discharge the veteran suffered partial hearing loss, but there is no evidence in the record that the condition is attributable to his service in the Navy. CONCLUSION OF LAW The veteran has not submitted evidence of a well-grounded claim to establish entitlement to service connection for his hearing loss. 38 U.S.C.A. §§ 1110, 1131, 5107 (West 1991); 38 C.F.R. §§ 3.102, 3.303 (1994). REASONS AND BASES FOR FINDINGS AND CONCLUSION The initial question which must be answered for the issue on appeal is whether the veteran has presented evidence sufficient to justify a belief by a fair and impartial individual that the claim is well-grounded. See 38 U.S.C.A. § 5107. (West 1991); Murphy v. Derwinski, 1 Vet.App. 78, 81 (1990). If the veteran has not presented evidence that the claim is well-grounded, the claim must be dismissed and there is no further duty to assist him with the development of evidence pertaining to that claim. See 38 U.S.C.A. § 7105(d)(5) (West 1991); Boeck v. Brown, 6 Vet.App. 14, 17 (1993); Grivois v. Brown, 6 Vet.App. 136, 140 (1994). In general, service connection may be granted for disability due to disease or injury incurred in or aggravated by service. See 38 U.S.C.A. §§ 1110, 1131 (West 1991). The veteran's service medical records, however, provide no evidence of hearing loss before, during, or after his two periods of service. Although the veteran contends that he never actually was examined in connection with his final discharge, the service medical records reveal that such an examination was indeed performed and the veteran's hearing was considered normal. The report from the veteran's private audiologist provides the first, and only, indication of hearing loss. That report, however, was performed in July 1992 and does not suggest a cause for the impairment. This is a matter requiring medical knowledge and a lay opinion, such as the veteran's own opinion as to the cause of his hearing loss, does not constitute competent evidence. See Espiritu v. Derwinski, 2 Vet.App. 492, 494-95 (1992). The Board finds and concludes that the veteran's claim for a service connection for hearing loss is not well-grounded. Accordingly, since the Board does not have jurisdiction over the question of whether the benefit sought on appeal is warranted, the veteran's claim is dismissed. 38 U.S.C.A. § 7105(d)(5) (West 1991). ORDER A well-grounded claim not having been submitted to establish service connection for hearing loss, the appeal is dismissed. CHARLES E. HOGEBOOM 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.