Citation Nr: 9907132 Decision Date: 03/17/99 Archive Date: 06/24/99 DOCKET NO. 98-09 996A DATE MAR 17, 1999 On appeal from the Department of Veterans Affairs Regional Office in Detroit, Michigan THE ISSUE Entitlement to an effective date prior to September 22, 1994, for the grant of service connection for tinnitus. REPRESENTATION Appellant represented by: AMVETS WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD Milo H. Hawley, Counsel INTRODUCTION The veteran had active service from July 1976 to July 1982 and from September 1983 to March 1985. This matter comes before the Board of Veterans'Appeals (BVA or Board) on appeal from a June 1998 decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Detroit, Michigan, that granted service connection for tinnitus effective September 22, 1994. FINDINGS OF FACT 1. All relevant evidence necessary for an equitable disposition of the veteran's appeal has been obtained by the RO. 2. The veteran was discharged from active service on March 29, 1985, and filed a claim for tinnitus on December 6, 1985. 3. The December 6, 1985, claim for service connection for tinnitus remained pending until adjudicated by the June 1998 rating decision. CONCLUSION OF LAW The requirements for an effective date of March 30, 1985, for tinnitus have been met. 38 U.S.C.A. 5101, 5110, 5107 (West 1991); 38 C.F.R. 3.102,3.151, 3.400 (1998). 2 - REASONS AND BASES FOR FINDINGS AND CONCLUSION The veteran was discharged from his second period of active service on March 29, 1985. On December 6, 1985, he submitted a formal application in the form prescribed by the Secretary. On this application, in block 24, he indicated that the nature of the sickness, disease or injury for which his claim was made and the date each began was loss of hearing in both ears. In block 40 of his formal application, a block provided for additional remarks with the provider to identify his statements by their applicable item number, the veteran wrote "Item. 24-partial loss of hearing in both ears, progressively getting worse, ear's ring constantly." On the basis of this record, the Board concludes that the veteran was making a claim for loss of hearing in both ears and for constant ringing in both ears. Further, the record supports a finding that the veteran sufficiently identified the disability for which he was seeking benefits, i.e., ringing in both ears (tinnitus). The veteran's December 1995 claim for service connection for tinnitus was not addressed by the February 1987 rating decision and remained pending. He renewed his efforts to have service connection for tinnitus established in September 1994 and a March 1995 rating decision denied service connection for tinnitus. The veteran timely appealed that decision and the issue of service connection for tinnitus was remanded by the Board in January 1997. Service connection for tinnitus was ultimately granted by a June 1998 rating decision, assigning an effective date of September 22, 1994. The effective date of an award of compensation based on an original claim is the day following separation from active service or the date entitlement arose if the claim is received within one year after separation from service. See 38 U.S.C.A. 51 10(b)(1); 38 C.F.R. 3.400(b)(2). On the basis of the veteran's reports with respect to tinnitus and the medical evidence diagnosing tinnitus, the Board concludes that it is at least as likely as not that the veteran has had constant bilateral tinnitus since he was most recently discharged from active service. Accordingly, since his December 1995 claim was filed within one year of the March 1995 discharge, service connection for tinnitus the day following discharge, March 30, 1985, is warranted. ORDER Subject to the laws and regulations controlling the payment of monetary benefits, an. effective date of March 30, 1985, for the grant of service connection for tinnitus is granted. RAYMOND F. FERNER Acting Member, Board of Veterans' Appeals 4 -