13-22 855
13-22 855
Board of Vet. App.Jun 19, 2017Background
- Veteran served on active duty June 1958–June 1961 as a Wireman in an artillery unit and reported in-service exposure to cannon/artillery noise and explosions.
- Veteran reported onset of tinnitus in service and claims progressive hearing loss after service; lay statements from brother and a friend support onset and post-service functional hearing problems.
- October 2011 VA audiometric exam showed bilateral sensorineural hearing loss meeting VA disability criteria and reported tinnitus; speech recognition intact.
- Initial VA examiner (2011) declined to provide a nexus opinion due to limited entrance/exit testing; Veteran submitted medical literature on delayed noise-induced hearing loss.
- April 2017 VHA otolaryngology expert reviewed records and concluded it is "more likely than not" the Veteran’s hearing loss is at least partially related to in-service noise exposure and that tinnitus is reasonably related to service-linked hearing loss.
- Board found the VHA opinion persuasive, resolved doubt in the Veteran’s favor, and granted service connection for both hearing loss and tinnitus.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Service connection for hearing loss | Hearing loss caused by in-service artillery/noise exposure; onset in service | RO/initial examiner: nexus unprovable/speculative based on entrance/exit tests | Granted — hearing loss service-connected based on in-service exposure, lay statements, and VHA nexus opinion |
| Service connection for tinnitus | Tinnitus began in service and is associated with hearing loss from noise exposure | RO: no definitive medical nexus originally | Granted — tinnitus service-connected as related to service-connected hearing loss per VHA opinion |
Key Cases Cited
- Holton v. Shinseki, 557 F.3d 1362 (explaining the three-part service-connection nexus requirement)
- Shedden v. Principi, 381 F.3d 1163 (discussing elements required to establish service connection)
- Gilbert v. Derwinski, 1 Vet. App. 49 (benefit-of-the-doubt rule when evidence is in equipoise)
