HEARING LOSS

Summary

The Veteran, an Air Force Veteran who served from May 1970 to March 1974, appeals the denial of service connection for right ear hearing loss. The Board reviewed the evidence, including the Veteran's testimony about hazardous noise exposure during service and a VA examination conducted in October 2024. The Veteran's service treatment records from May 2021 indicated bilateral hearing loss but did not meet VA criteria for a disability. The October 2024 VA examination showed pure tone thresholds and speech recognition scores that did not meet the regulatory definition of hearing loss disability for VA purposes, specifically noting right ear word recognition scores of 96 percent and thresholds that did not meet the required decibel levels. The Board found that the evidence persuasively weighed against a finding of a current right ear hearing loss disability meeting VA standards. While acknowledging the Veteran's exposure to hazardous noise, the Board concluded that the lack of a current, qualifying disability meant service connection could not be established. The Board denied service connection for right ear hearing loss.

Rationale

No current disability meeting VA standards; Audiometric test results did not meet criteria; No indication of speech recognition scores below 94 percent

Full Decision Text

Citation Nr: 25014171
Decision Date: 11/20/25	Archive Date: 11/20/25

DOCKET NO. 19-25 436
DATE: November 20, 2025

ORDER

Entitlement to service connection for right ear hearing loss is denied.

FINDING OF FACT

The evidence of record persuasively weighs against finding that the Veteran has had right ear hearing loss for VA purposes at any time during or approximate to the pendency of the claim.

CONCLUSION OF LAW

The criteria for entitlement to service connection for right ear hearing loss have not been met.  38 U.S.C. §§ 1110, 1112, 1113, 1131, 1137, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.385.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Air Force from May 1970 to March 1974.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2017 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran presented sworn testimony at a hearing before the undersigned Veterans Law Judge (VLJ) in December 2023.

This issue was previously before the Board in March 2024 and July 2025, when it was remanded for further development, that development was completed, and the case has since been returned to the Board for appellate review.

This appeal has been advanced on the docket.  38 U.S.C. § 7107; 38 C.F.R. § 20.900(c).

Duties to Notify and Assist

Neither the Veteran nor his representative has raised any issues with the duty to notify or duty to assist.  See Scott v. McDonald, 789 F.3d 1375, 1381 (Fed. Cir. 2015) (holding that "the Board's obligation to read filings in a liberal manner does not require the Board . . . to search the record and address procedural arguments when the veteran fails to raise them before the Board"); Dickens v. McDonald, 814 F.3d 1359, 1361 (Fed. Cir. 2016) (applying Scott to a duty to assist argument).

The Board finds that there has been substantial compliance with the prior March 2024 and July 2025 remand directives.  See Stegall v. West, 11 Vet. App. 268 (1998).  The issue was remanded in March 2024 for a VA examination to determine if there was a current disability for bilateral hearing loss.  The Veteran received an October 2024 VA examination.  The issue was remanded in July 2025 for the issuance of a supplemental statement of the case.  A supplemental statement of the case was issued in August 2025.  Accordingly, the Board will proceed with adjudication.

Service Connection- Right Ear Hearing loss

During the December 2023 Board hearing, the Veteran reported hazardous noise during service.  The Veteran explained he was a supply technician in base supply charged with ensuring that any parts for the aircraft that were needed were ordered and then delivered to the flightline so that deck maintenance could be completed.

To establish service connection for a present disability the claimant must show the existence of a present disability, an in-service incurrence or aggravation of a disease or injury, and a causal relationship or "nexus" between the present disability and the in-service injury or disease.  Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004).

Sensorineural hearing loss is considered an organic disease of the nervous system, which is listed as a "chronic disease" under 38 C.F.R. § 3.309(a).  See Fountain v. McDonald, 27 Vet. App. 258 (2015).  As such, the presumptive provisions of 38 C.F.R. § 3.303(b) for "chronic" in-service symptoms and "continuous" post-service symptoms apply to the claim for right ear hearing loss.

For the purposes of the applying the laws administered by VA, impaired hearing will be considered to be a disability when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz is 40 decibels or greater; or when the auditory thresholds for at least three of the
 38 C.F.R. § 3.309(a).  See Fountain v. McDonald, 27 Vet. App. 258 (2015).  As such, the presumptive provisions of 38 C.F.R. § 3.303(b) for "chronic" in-service symptoms and "continuous" post-service symptoms apply to the claim for right ear hearing loss.

For the purposes of the applying the laws administered by VA, impaired hearing will be considered to be a disability when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz is 40 decibels or greater; or when the auditory thresholds for at least three of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz are 26 decibels or greater; or when speech recognition scores using the Maryland CNC Test are less than 94 percent.  38 C.F.R. § 3.385.

When audiometric test results do not meet the regulatory requirements for establishing a "disability" at the time of the Veteran's separation from service, the Veteran may nevertheless establish service connection for a current hearing disability by submitting competent evidence that the current disability is the result of disease or injury incurred in or aggravated by service. See Hensley v. Brown, 5 Vet. App. 155, 158 (1993).

In this case the evidence of record persuasively weighs against finding that the Veteran has a current diagnosis of right ear hearing loss, in accordance with VA standards, during the pendency of the appeal.  See 38 C.F.R. § 3.385.

A May 2021 VA treatment record showed the Veteran was a candidate for hearing amplification.  The test indicated bilateral hearing loss and noted right ear word recognition scores of 96 percent.  The testing did not show auditory threshold in any of the frequencies.  There is no indication the speech recognition scores were using the Maryland CNC Test or were less than 94 percent.  The audiometric testing did not show evidence of right ear hearing loss that meets the above criteria.

The Veteran received an October 2024 VA examination.  The Veteran's Maryland CNC Word List speech recognition score and pure tone thresholds, in decibels, were as follows:

  	 	 	HERTZ	 	 

 	500	1000	2000	3000	4000

RIGHT	10	15	10	15	30

LEFT	10	15	15	20	30

Speech audiometry revealed speech recognition ability of 94 percent in the right ear and of 90 percent in the left ear.

The Board does not dispute that the Veteran was exposed to hazardous noises that may have affected his right ear hearing.  However, the Veteran's right ear hearing loss does not meet the criteria to be considered a disability for VA purposes.  The Board notes that the existence of a current disability is the cornerstone of a claim for VA disability compensation. 38 U.S.C. § 1110.  There can be no valid claim for service connection without a current disability.  The evidence of record fails to show that the Veteran has right ear hearing loss, meeting VA standards for a disability, at any time prior to or during the pendency of the appeal.  See McClain v. Nicholson, 21 Vet. App. 319 (2007).  Therefore, having determined that the Veteran does not have a right ear hearing loss disability, for VA purposes, the Board need not address whether there was in-service incurrence or aggravation of a disease or injury, and a causal relationship or "nexus" between the present disability and the in-service injury or disease.  Accordingly, service connection is not warranted for right ear hearing loss at this time.

The weight of the evidence is against the finding of service connection for right ear hearing loss and, therefore, the benefit of the doubt doctrine is not for application. See Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).  The appeal is denied.

 

 

Tracie N. Wesner

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Whipple, Cherrelle M.

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.