Citation Nr: 18151858 Decision Date: 11/20/18 Archive Date: 11/20/18 DOCKET NO. 15-37 581 DATE: November 20, 2018 ORDER Entitlement to service connection for tinnitus is granted. REMANDED Entitlement to service connection for bilateral shoulder disability is remanded. Entitlement to service connection for low back disability is remanded. Entitlement to service connection for bilateral knee disability is remanded. Entitlement to service connection for a skin disability is remanded. FINDING OF FACT The Veteran’s tinnitus is etiologically related to his exposure to excessive levels of noise during his military 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. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty from July 1969 to July 1973. These matters are before the Board of Veterans’ Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). He testified before the undersigned Veterans Law Judge during an October 2018 video conference hearing. Entitlement to service connection for tinnitus The Veteran is seeking service connection for tinnitus. Tinnitus is defined as “a noise in the ears, such as ringing, buzzing, roaring, or clicking. It is usually subjective in type.” Dorland’s Illustrated Medical Dictionary, 1956 (31st ed. 2007). Because tinnitus is “subjective,” its existence is generally determined by whether the veteran claims to experience it. For VA purposes, tinnitus has been specifically found to be a disorder with symptoms that can be identified through lay observation alone. See Charles v. Principi, 16 Vet. App. 370 (2002). Regarding the Veteran’s tinnitus claim, the Board finds his account of exposure to noise in service credible as he was assigned to the boil room on the USS Sample. See military personnel records. Further, the Veteran stated on his service connection claim, as well as during the March 2014 VA examination that he has experienced ringing in his ears since his time in the military. The record presents no reason to question the credibility of the Veteran’s accounts that he had the onset of tinnitus in service, and that he has experienced tinnitus since. Accordingly, he has substantiated this claim, and service connection for tinnitus is warranted. REASONS FOR REMAND Entitlement to service connection for bilateral shoulder, bilateral knee, low back disability, and skin disability is remanded. The Board finds that a remand is required before the remaining claims can be properly adjudicated. The Veteran reports that his current disabilities are due to his military occupation specialty in the boiler room as a technician while he was on active duty. Indeed, he contends that his musculoskeletal disabilities are due to climbing up and down ladders as well as lifting heavy objects. He also reported that his skin disability is because of the 130-degree temperature in the boiler room. He states that he has experienced symptomatology regarding these disabilities since service. Although the Veteran’s service treatment records show no complaints of or treatment for low back, bilateral shoulder, left knee, or skin disabilities; the Board observes the Veteran is competent to report pain in his low back, shoulders, and knees. The Board notes, however, the Veteran was seen in service for a right knee complaint. He is also competent to report a skin rash. Current treatment records document lumbar spine, bilateral shoulder, bilateral knee, and skin disabilities. The Veteran has not been afforded an examination with accompanying opinion regarding the etiology of the lumbar spine, bilateral shoulder, bilateral knee, and skin disabilities. The Board finds that the low threshold for when a VA examination is warranted has been met. It also appears that the Veteran has received continuous treatment for his disabilities at the VA. Indeed, the Veteran indicated that he sees a provider often to assess his disabilities. Considering the need to remand and given that VA treatment records are constructively of record, the RO should obtain VA treatment records from September 2018 to the present and associate them with the Veteran’s record. The matters are REMANDED for the following action: 1. Obtain copies of all the Veteran’s relevant VA treatment records from September 2018 to the present. Also obtain any pertinent private treatment records. 2. Schedule the Veteran for a VA examination with an appropriate person to determine the etiology of his low back disability, bilateral shoulders, and bilateral knees. The medical professional is asked to provide an opinion addressing the following: Is it at least as likely as not (i.e., probability of 50 percent or greater) that the Veteran’s low back disability, bilateral shoulder disability, and bilateral knee disability had its clinical onset during active service or is related to any in-service disease or injury? Pertinent to the bilateral knee disability, is the current right knee complaint due to the right knee complaint noted in service? Also, is the current left knee complaint secondary (caused or aggravated) to the current right knee disability? In responding to this question, the examiner is asked to consider the Veteran’s lay statements. The examiner should provide a complete rationale for any opinions expressed that is based on his or her clinical experience, medical expertise, and established medical principles. 3. Schedule the Veteran to undergo an appropriate VA skin examination to determine the etiology of his skin disability. The medical professional is asked to provide an opinion addressing the following: Is it at least as likely as not (i.e., probability of 50 percent or greater) that the Veteran’s skin disability had its clinical onset during active service or is related to any in-service disease or injury? In responding to this question, the examiner is asked to consider the Veteran’s lay statements. The examiner should provide a complete rationale for any opinions expressed that is based on his or her clinical experience, medical expertise, and established medical principles. H.M. WALKER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD M. McPhaull, Counsel