Citation Nr: 18143774
Decision Date: 10/22/18	Archive Date: 10/22/18

DOCKET NO. 16-28 159
DATE:	October 22, 2018
ORDER
Entitlement to service connection for tinnitus is granted.
FINDING OF FACT
The Veteran’s reported tinnitus had its onset in active service.
CONCLUSION OF LAW
The criteria for service connection for tinnitus have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 4.87, Diagnostic Code 6260.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from September 1988 to February 1992.
These matters are before the Board of Veterans’ Appeals (Board) on appeal from an April 2014 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in Cleveland, Ohio. The Veteran appointed the American Legion as his representative via a VA Form 21-22 submitted in July 2018.  
1. Entitlement to service connection for tinnitus
Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. §§ 1110, 1131. In cases of tinnitus, ringing in the ears is capable of lay observation, and as such a Veteran is able to ascertain that he has the disability of tinnitus.  See Charles v. Principi, 16 Vet. App. 370 (2002).  
In this case, the Veteran was afforded a VA audiology examination in March 2014. The examination report notes the Veteran’s assertion of experiencing symptoms of tinnitus prior to separation as well as the Veteran’s denial of post service recreational and occupational noise exposure. The VA audiologist opined that the Veteran’s reported tinnitus was less likely than not caused by or a result of military noise exposure. As the rationale for that opinion, the audiologist stated that tinnitus is known to be consistent with hearing loss and/or standard threshold shift which is indicative of noise injury, without hearing loss or standard threshold shift present in either ear, the tinnitus could not be linked to military service. 
Nevertheless, as to noise exposure during service, the Veteran’s DD Form 214 revealed that his military occupational specialty (MOS) was cannon crewmember. The RO conceded acoustic trauma in the April 2014 rating decision. Moreover, , the Veteran has consistently reported the onset of tinnitus to have been in service, a fact to which the VA audiologist seemingly gave no weight. Indeed, in correspondence to the Board in January 2018 the Veteran reported that he “complained about ears ringing and buzzing. I complained then and I complained since. We didn’t have proper ear protection. During my post exam, I was told that is would eventually stop, but it never did.” In his VA Form 9, the Veteran stated that he already had tinnitus when he separated from active service.
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Given the above, and affording the Veteran the benefit of the doubt on certain elements of the claim, the Board finds that the Veteran’s tinnitus was incurred in service, and that service connection for such a disability is warranted. See Charles, supra.  Accordingly, the appeal in this matter is granted.
 
A. C. MACKENZIE
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	B. Banks, Associate Counsel