Citation Nr: 1306164	
Decision Date: 02/22/13    Archive Date: 02/27/13

DOCKET NO.  10-16 401	)	DATE
	)
	)

On appeal from the
Department of Veterans Affairs Regional Office in Indianapolis, Indiana


THE ISSUE

Entitlement to service connection for tinnitus.  


REPRESENTATION

Appellant represented by:	The American Legion


WITNESS AT HEARING ON APPEAL

Appellant


ATTORNEY FOR THE BOARD

M. Riley, Counsel 


INTRODUCTION

The Veteran served on active duty from August 1960 to August 1964.  This case comes before the Board of Veterans' Appeals (Board) on appeal from an April 2008 rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO) in Indianapolis, Indiana, which, in pertinent part, denied entitlement to service connection for bilateral hearing loss and tinnitus.  

The claim for entitlement to service connection for bilateral hearing loss was granted in an April 2010 rating decision.  An initial 10 percent evaluation was assigned effective March 21, 2008.  The award of service connection for hearing loss constitutes a complete grant of the benefits sought on appeal, and this claim is therefore not currently before the Board.

In July 2010, the Veteran testified before a hearing officer at the RO.  A transcript of the hearing is of record.

Please note this appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.900(c) (2012).  38 U.S.C.A. § 7107(a)(2) (West 2002).


FINDING OF FACT

The Veteran's tinnitus is etiologically related to noise exposure during active duty service.  


CONCLUSION OF LAW

Service connection for tinnitus is warranted.  38 U.S.C.A. §§ 1110, 1131 (West 2002); 38 C.F.R. § 3.303 (2012).



REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran contends that service connection is warranted for tinnitus as it was incurred due to noise exposure during active duty service.  Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by service.  38 U.S.C.A. §§ 1110, 1131; 38 C.F.R. § 3.303(a).  Service connection requires competent evidence showing: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service.  Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004); see also Caluza v. Brown, 7 Vet. App. 498 (1995).  

The record clearly establishes the presence of current bilateral tinnitus.  Bilateral tinnitus was diagnosed by a March 2010 VA examiner and the condition was also diagnosed by an audiologist at the Indianapolis VA Medical Center (VAMC) in April 2008.  Additionally, while service treatment records are negative for findings or complaints of tinnitus, the Veteran testified in July 2010 that he first experienced tinnitus during service due to noise exposure incurred while working as a jet mechanic.  The Veteran is competent to report injuries incurred during service, and the Board therefore finds that the first two elements of service connection-a current disability and in-service injury-are demonstrated.  

Regarding the third element of service connection, a nexus between the current disability and the in-service injury, the Veteran has reported a continuity of symptoms since service.  During the July 2010 hearing, he testified that he has experienced tinnitus since active duty service that has continued to the present day.  Although the March 2010 VA examiner provided an opinion against the Veteran's claim, the examiner's opinion was based solely on the Veteran's reports that his tinnitus had its onset 15 years ago, 30 years after his separation from service.  The Veteran clarified these comments during the July 2010 hearing, stating that his tinnitus began during service, but worsened 15 years ago to its present level of severity.  The Board finds that the continuity of symptoms reported by the Veteran are credible and establish a nexus linking his tinnitus to active duty service.  See 38 C.F.R. § 3.303(b).  All the elements necessary for establishing service connection are therefore met and the Veteran's claim for service connection for tinnitus is granted.  

The Board also finds that VA has substantially satisfied the duties to notify and assist, as required by the Veterans Claims Assistance Act of 2000 (VCAA).  See 38 U.S.C.A. §§ 5100, 5102, 5103, 5103A, 5107, 5126; 38 C.F.R. §§ 3.102, 3.156(a), 3.159 and 3.326(a).  To the extent that there may be any deficiency of notice or assistance, there is no prejudice to the Veteran in proceeding with this appeal given the favorable nature of the Board's decision to grant the claim.  


ORDER

Entitlement to service connection for tinnitus is granted. 



____________________________________________
MILO H. HAWLEY
Veterans Law Judge, Board of Veterans' Appeals



Department of Veterans Affairs