HEARING LOSS

JIMMY L. BARDIN · 2026 · Case ID: A26036526

MIXED

Summary

The Veteran served on active duty from February 1993 to March 1993. The Veteran appealed the denial of service connection for bilateral hearing loss and sought service connection for residuals of pneumonia and an acquired psychiatric disability, specifically PTSD. The Board reviewed evidence including the Veteran's testimony, private medical records, and a VA examination for hearing loss. For bilateral hearing loss, the VA examination showed no current disability meeting VA criteria, and the Board found the evidence weighed against service connection, denying the claim. For residuals of pneumonia, the Board recharacterized the claim from pneumonia to its residuals, noting private medical records indicating lung scarring from an in-service bout of pneumonia. The Veteran's testimony about contracting pneumonia during swimming qualifications in service was also considered. The Board found the evidence favored the Veteran, granting service connection for residuals of pneumonia. For the acquired psychiatric disability (PTSD), private medical records confirmed a diagnosis. The Veteran's testimony described in-service mistreatment and threats, which the Board found credible. A private medical opinion linked the condition to service, though without detailed rationale. The Board found the evidence favored the Veteran, granting service connection for the acquired psychiatric disability. The hearing loss claim was denied due to lack of current disability, while the other two claims were granted.

Rationale

No current hearing loss disability for VA purposes; VA examination showed thresholds did not meet criteria; Evidence persuasively weighs against the Veteran

Special Benefit

NO SPECIAL BENEFIT

Docket No.

210507-157960

Full Decision Text

Citation Nr: A26036526
Decision Date: 04/20/26 Archive Date: 04/20/26

DOCKET NO. 210507-157960
DATE: April 20, 2026

ORDER

Entitlement to service connection for bilateral hearing loss is denied.

Entitlement to service connection for residuals of pneumonia is granted.

Entitlement to service connection for acquired psychiatric disorder, to include post traumatic stress disorder (PTSD) is granted.

FINDINGS OF FACT

1. The Veteran does not have bilateral hearing loss that qualifies as a disability for VA purposes.

2. The Veteran's residuals of pneumonia is due to his military service.

3. The Veteran's acquired psychiatric disability is related to his military service.

CONCLUSIONS OF LAW

1. The criteria for service connection for bilateral hearing loss have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 3.385.

2. The criteria for entitlement to service connection for residuals of pneumonia is met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

3. The criteria for entitlement to service connection for acquired psychiatric disability is met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDINGS AND CONCLUSIONS

The Veteran served active duty from February 1993 until March 1993.

This matter is before the Board of Veterans' Appeals (Board) on appeal from an April 2021 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO).

In the May 2021 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Hearing docket. A Board hearing was held on November 14, 2024. Therefore, the Board may only consider the evidence of record at the time of the April 2021 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran or representative at the hearing or within 90 days following the hearing. 38 C.F.R. § 20.302(a). If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the Board hearing, or (2) more than 90 days following the hearing, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.302(a), 20.801.

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

However, because the Board is remanding the claims of entitlement to service connection for an acquired psychiatric disorder and pneumonia, any evidence the Board could not consider will be considered by the AOJ in the adjudication of those claims. 38 C.F.R. § 3.103(c)(2)(ii).

Service connection.

Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004).

For certain chronic diseases, a disability will be presumed related to service if they were shown as chronic in service or if they manifested to a compensable degree within a presumptive period following separation from service. 38 C.F.R. §§ 3.307, 3.309. If the disease's chronicity was not noted in service, the disability can still be presumed related to service if the evidence shows there is a continuity of symptomatology since service. Walker v. Shinseki, 708 F.3d 1331, 1338.

Entitlement to service connection for bilateral hearing loss
i, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004).

Entitlement to service connection for bilateral hearing loss.

The Veteran contends that his bilateral hearing loss is due to his military service noise exposure. See February 2021 VA 21-526EZ, Fully Developed Claim.

For VA compensation purposes, impaired hearing will be considered 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. The threshold for normal hearing is from zero to 20 decibels, and higher threshold levels indicate some degree of hearing loss. Hensley v. Brown, 5 Vet. App. 155, 157 (1993); 38 C.F.R. § 3.385.

The Veteran was provided a VA examination in March 2021 to determine the etiology and severity of the Veteran's claimed bilateral hearing loss. The examination showed that pure tone thresholds, in decibels, from audiometric testing, were as follows:

HERTZ

500 1000 2000 3000 4000

RIGHT 15 25 10 20 20

LEFT 25 20 10 25 30

Speech recognition scores based on the Maryland CNC Test were 98 percent in both ears.

Based on the most fully probative and adequate examination, the Veteran does not have an auditory threshold in any of the frequencies of 40 decibels or higher or three frequencies at 26 decibels or greater, or speech recognition score of less than 94 percent that resulted from in-service exposure to acoustic trauma. In short, the Veteran does not have a current hearing loss disability for VA purposes.

The Board acknowledges that the Veteran believes he has bilateral hearing loss. However, he is not competent to provide a diagnosis. The issue is medically complex as it requires specialized medical education. As such, the Board gives more probative weight to medical evidence.

For the above reasons, the Board finds that the evidence is neither evenly balanced or approximately so with regard to whether service connection for bilateral hearing loss is warranted. Rather, the evidence persuasively weighs against the Veteran. As such, the benefit of the doubt doctrine, see 38 U.S.C. § 5107 (b), is not for application, and the claim for service connection for bilateral hearing loss is denied. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

Entitlement to service connection for residuals of pneumonia.

The Veteran filed for service connection for pneumonia. See February 2021 VA 21-526EZ, Fully Developed Claim. Pursuant to the Court of Appeals for Veterans Claims holding in Clemmons, the Board has recharacterized the Veteran's claim for pneumonia as a claim for service connection for residuals of pneumonia. Clemmons v. Shinseki, 23 Vet. App. 1.

Regarding element one of service connection, the Board notes that the Veteran does not currently have pneumonia. However, the Veteran submitted a private medical record where his doctor noted he is prone to pneumonia due to scaring of lungs after having pneumonia in the military. As such, the Board finds element one of service connection is met as the Veteran has residuals of pneumonia.

Regarding element two of service connection, an in-service incurrence, the Board finds the Veteran has met that element as well. On November 14, 2024, the Veteran testified before the Board explaining he went through swimming qualifications where it was cool outside, but the pool was heated and the fans were blowing. The Veteran testified to his body being cold and tired and subsequently being sick with pneumonia. The Veteran was treated on active duty and was assigned two days of no duty.

The remaining question before the Board is whether there is
he is prone to pneumonia due to scaring of lungs after having pneumonia in the military. As such, the Board finds element one of service connection is met as the Veteran has residuals of pneumonia.

The remaining question before the Board is whether there is a nexus between the Veteran's residuals of pneumonia and his military service. The Veteran's private doctor noted that he has been treating the Veteran for the past thirty years. He opined that the Veteran's condition is at least as likely as not related to his military service. The Board notes there was no rationale provided. However, as there was no VA examination provided to the Veteran for this condition, the Veteran's private medical opinion is the only probative evidence of record.

Based on the foregoing, the Board finds that the evidence is neither evenly balanced or approximately so with regard to whether service connection for residuals of pneumonia is warranted. Rather, the evidence persuasively weighs in favor the Veteran. As such, the benefit of the doubt doctrine, see 38 U.S.C. § 5107 (b), is not for application, and the claim for service connection for residuals of pneumonia is granted. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

Entitlement to service connection for an acquired psychiatric disability.

The Veteran filed for service connection for PTSD. See February 2021 VA 21-526EZ, Fully Developed Claim. As stated above, the Board has recharacterized the Veteran's claim for PTSD as a claim for service connection for an acquired psychiatric disability. Clemmons v. Shinseki, 23 Vet. App. 1.

Regarding element one of service connection, the Veteran submitted private medical records where he was evaluated and diagnosed with PTSD. In addition, his doctor noted he treats the Veteran for multiple mental health issues including anxiety and depression. As such, the Board finds element one of service connection is met.

Regarding element two of service connection, an in-service incurrence, the Veteran testified once he arrived at boot camp he was targeted due to his size. He noted at one point his Sergeant opened a locker and hit him in the head with it because he was not on line in time. He also noted he was forced to howl outside for three hours because of his wolf tattoo. The Veteran also testified that he was accused of enlisting fraudulently and threatened with jail. The Board finds the Veteran credible and element two of service connection has been met.

The remaining question before the Board is whether there is a nexus between the Veteran's acquired psychiatric disability and his military service. Again, the Veteran's private doctor noted he has treated the Veteran for years and the Veteran's condition is at least as likely as not related to his military service. The Board notes there was no rationale provided and the Veteran was not afforded a VA examination to determine the etiology of his psychiatric disability.

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Based on the foregoing, the Board finds that the evidence is neither evenly balanced or approximately so with regard to whether service connection for acquired psychiatric disability is warranted. Rather, the evidence persuasively weighs in favor the Veteran. As such, the benefit of the doubt doctrine, see 38 U.S.C. § 5107 (b), is not for application, and the claim for service connection for residuals of pneumonia is granted. Lynch v. McDonough, 21 F.4th 776 (Fed. Cir. 2021).

JIMMY L. BARDIN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Bond, Tyana N.

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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