Citation Nr: 18146198
Decision Date: 10/30/18	Archive Date: 10/30/18

DOCKET NO. 16-33 845
DATE:	October 30, 2018
ORDER
Service connection for tinnitus is granted.
FINDING OF FACT
The Veteran has a current diagnosis of tinnitus and has manifested continuous symptomology since separation from service.
CONCLUSION OF LAW
The criteria for service connection for tinnitus have been met. 38 U.S.C. § 1131; 38 C.F.R. §§ 3.303, 3.304.
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty from June 1975 to June 1978. He was offered an opportunity to testify before the Board, but he declined. 


Service Connection
In seeking VA disability compensation, a Veteran generally seeks to establish that a current disability results from disease or injury incurred in or aggravated by service. 38 U.S.C. § 1131. “Service connection” basically means that the facts, shown by evidence, establish that an injury or disease resulting in disability was incurred coincident with service in the Armed Forces, or if preexisting such service, was aggravated therein. 38 C.F.R. § 3.303. Service connection can also be established through application of statutory presumptions, including for chronic diseases, like organic diseases of the nervous system such as tinnitus, that become manifest to a compensable degree within one year of separation of service. 38 C.F.R. §§ 3.307, 3.309.
Tinnitus
The Veteran is seeking service connection for tinnitus, which he believes is the result of exposure to gunfire from M16s and inadequate hearing protection inadequate while on active duty.
The Veteran indicated in written statements and in treatment records that he began to experience tinnitus during his military service following noise exposure; and he has reported that he has continued to experience tinnitus ever since. See Charles v. Principi, 16 Vet. App. 370 (2002). As such, the primary role of the Board in adjudicating the tinnitus claim, is to assess the credibility of the Veteran’s statements. See Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006). In this case, the Board finds the Veteran’s statements as to the onset of his tinnitus credible, and he has credibly reported that his tinnitus began in service and has continued to the present time. The Veteran has not attempted to bolster or exaggerate his symptoms.
In addition, a February 2015 private medical opinion noted that the Veteran has a history of loud noise exposure with gunfire from M16s during service and assessed the Veteran with tinnitus.  Dr. Habbestad opined that although the Veteran’s right ear perforation can also cause tinnitus, the Veteran’s tinnitus is likely caused from loud noise exposure. The Board notes that the 2015 private medical statement also noted that the Veteran has history and current left ear symptoms of tinnitus.
The Board acknowledges that an October 2015 VA examiner found that it was not likely that the Veteran’s tinnitus was related to his military service because it was not documented in his separation examination and the Veteran had other medical conditions. However, because the Board finds the Veteran’s statements to be credible as to the onset and continuity of ringing in his ears to present time, the statements sufficiently refute the basis of the VA examiner’s conclusion. 
Thus, resolving any reasonable doubt in the Veteran’s favor, as required by law and VA regulations, the Board finds that the criteria for service connection for tinnitus have been met.
 
MATTHEW W. BLACKWELDER
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	M. Franklin, Associate Counsel