MIDDLE EAR DISEASE OF

PAUL SORISIO · 2026 · Case ID: A26005111

GRANTED

Summary

The Veteran served from December 1999 to March 2011, including service with the Reserves. The Veteran appeals the denial of service connection for bilateral ear infections and earaches. The Board reviewed the evidence of record, including the Veteran's testimony from a May 2024 virtual hearing and a January 2020 medical opinion from a VA treating physician. The service treatment records indicated complaints of cerumen impaction and ear infections during service. The VA examination in August 2015 noted a history of frequent ear wax impaction and ear infections, particularly since deployment to Iraq, but did not provide an opinion on etiology. The Board found the January 2020 VA treating physician's opinion to be the most probative, as it opined the ear infections were at least as likely as not related to active service and provided appropriate rationale. The Board also considered the Veteran's testimony of continuous symptoms since service. Resolving reasonable doubt in the Veteran's favor, the Board found the evidence tended to show the current condition was due to service, granting service connection for bilateral ear infections and earaches.

Rationale

Competent and probative evidence tends to show condition incurred in service.; Service treatment records show complaints of cerumen impaction and ear infections during service.; Positive medical opinion from VA treating physician links condition to service.

Special Benefit

NO SPECIAL BENEFIT

Docket No.

200404-80464

Full Decision Text

Citation Nr: A26005111
Decision Date: 01/20/26 Archive Date: 01/20/26

DOCKET NO. 200404-80464
DATE: January 20, 2026

ORDER

Service connection for bilateral ear infections and earaches is granted.

FINDINGS OF FACT

1. The competent and probative evidence tends to show the Veteran's current bilateral ear infections and earaches condition was incurred in service.

2. The service treatment records show complaints of cerumen impaction of both ears and ear infections of the right ear while on active duty.

3. The VA examination conducted in 2015 shows that the Veteran has a diagnosis of otomycosis and cerumen impaction.

CONCLUSION OF LAW

The criteria for service connection for bilateral ear infections and earaches are met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDINGS AND CONCLUSION

The Veteran served on active duty from December 1999 to November 2006 and from January 2008 to March 2011, with additional service with the Reserves.

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a March (notice on the 11th) 2020 rating decision from a Department of Veterans Affairs (VA) Regional Office (RO).

The Veteran selected the Board's Hearing docket in the Appeals Modernization Act (AMA) review system by submitting a VA Form 10182 (Decision Review Request: Board (Notice of Disagreement)) in April 2020.

In May 2024, the Veteran testified before the undersigned via a virtual videoconference hearing. A transcript of that hearing is of record. As the Veteran selected the Hearing Lane, the evidence for consideration by the Board is evidence of record at the time of the March 10, 2020 rating decision and any evidence submitted at the hearing or within 90 days following the May 20, 2024 Board hearing.

The March 2020 rating decision implicitly found new and relevant evidence and addressed the merits of the issue and readjudicated it. In light of this, the Board finds that new and relevant evidence has been received so it will now proceed to the merits.

Service Connection

Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110, 38 C.F.R. § 3.303. In order to establish entitlement to service connection, there must generally be 1) evidence of a current disability; 2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and 3) causal connection between the claimed in-service disease or injury and the current disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004).

The Veteran is competent to report symptoms and experiences observable by her senses. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007); 38 C.F.R. § 3.159(a). VA is required to give due consideration to all pertinent medical and lay evidence in evaluating a claim for disability benefits. Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed Cir. 2009).

When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, VA shall give the benefit of the doubt to the claimant. 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102.

Service connection for bilateral ear infections and earaches.

After review of the record, the Board finds that the criteria for service connection for bilateral ear infections and earaches are met.

The AOJ made favorable findings that the Veteran is diagnosed with otomycosis and cerumen impaction, and that the Veteran was treated for cerumen impaction of both ears and ear infections of the right ear during active service. The Board see no reason to disturb these favorable findings. As such, the first and second elements of service connection are established.

During the May 2024 Board hearing, the Veteran testified that she has experienced symptoms of ear infection and earaches continuously since separation from service, and that she sought clinical treatment and also treated the symptoms with over-the-counter medications. 05/20/2024, Hearing Transcript.

A January 2020 medical opinion was provided by the Veteran's treating VA physician, who opined that the Veteran's ear infections are at least as likely as not related to
osis and cerumen impaction, and that the Veteran was treated for cerumen impaction of both ears and ear infections of the right ear during active service. The Board see no reason to disturb these favorable findings. As such, the first and second elements of service connection are established.

A January 2020 medical opinion was provided by the Veteran's treating VA physician, who opined that the Veteran's ear infections are at least as likely as not related to her active service. Specifically, the physician remarked that the Veteran has a history of ear infection since during her periods of active service. 01/14/2020, Medical Treatment Record - Government Facility.

An August 2015 VA examination noted that the Veteran's history of frequent ear wax impaction and ear infections, especially since her deployment in Iraq. The examiner did not provide an opinion regarding the etiology of the ear infections condition. 08/19/2015, C&P Exam.

The Board finds the January 2020 medical opinion to have the most probative value on the element of nexus. In this regard, it is supported with appropriate rationale and includes consideration of the Veteran's contentions. Conversely, the record is devoid of evidence indicating that the Veteran's diagnosed ear infection condition is not otherwise related to her active service.

After review of the competent and probative evidence, the Board finds that when resolving reasonable doubt in favor of the Veteran on the material issue of nexus, the evidence tends to show the Veteran's current bilateral ear infections and earaches condition is due to service. 38 U.S.C. § 5107(b). There is a positive opinion of record that is supported with appropriate rationale and addresses the Veteran's service history and contentions. As such, the Board finds that the evidence is nearly equal. Therefore, service connection for bilateral ear infections and earaches is warranted. 38 C.F.R. § 3.102, 3.303.

Paul Sorisio

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Han, David

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.

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