BVA9504791 DOCKET NO. 93-04 459 ) DATE ) ) On appeal from the decision of the Department of Veterans Affairs Medical and Regional Office Center in Wichita, Kansas THE ISSUE Entitlement to service connection for hearing loss. REPRESENTATION Appellant represented by: The American Legion ATTORNEY FOR THE BOARD Alberto H. Zapata, Associate Counsel INTRODUCTION The veteran served on active duty from October 1987 to August 1991. This matter comes to the Board of Veterans' Appeals (Board) on appeal from a rating decision of the Department of Veterans Affairs (VA) Medical and Regional Office Center (M&ROC) in Wichita, Kansas denying service connection for hearing loss. The veteran was also denied service connection for tinnitus by rating decision of December 1992. It appears from subsequent correspondence from the representative that the veteran may also be seeking appellate review of this issue. However, this issue has not been developed for appellate consideration. Therefore, it will not be decided herein. It is referred to the M&ROC for appropriate action. CONTENTIONS OF APPELLANT ON APPEAL The veteran contends that he currently suffers from hearing loss which began in service. He claims that his enlistment physical showed no signs of hearing deficiency and that several hearing examinations after enlistment, including his discharge examination, demonstrated measurable hearing loss. 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 submitted evidence of a well- grounded claim for service connection for hearing loss. FINDING OF FACT The claim for service connection for hearing loss is not plausible. CONCLUSION OF LAW The claim for service connection for hearing loss is not well grounded. 38 U.S.C.A. § 5107(a) (West 1991). REASONS AND BASES FOR FINDING AND CONCLUSION Service connection may be granted for disability resulting from a disease or injury incurred in or aggravated by peacetime service. 38 U.S.C.A. § 1131. However, service connection for impaired hearing shall not be established when the thresholds for the frequencies of 500, 1,000, 2,000, 3,000, and 4,000 Hertz are all less than 40 decibels; the thresholds for at least 3 of these frequencies are 25 decibels or less; and speech recognition scores are 94 percent or better. 38 C.F.R. § 3.385 (1993). The veteran's thresholds on service audiological evaluations were all below 20 decibels, and his hearing was within normal limits for VA compensation purposes on VA audiological evaluation in February 1992. The record contains no medical, audiological or other competent evidence to show that the veteran currently has impaired hearing to the extent required to establish service connection. Consequently, his claim is not well grounded. See Grottveit v. Brown, 5 Vet.App. 91, 93 (1993). ORDER Evidence of a well-grounded claim for entitlement to service connection for hearing loss not having been submitted, the appeal is dismissed. SHANE A. DURKIN 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.