Citation Nr: 18152043
Decision Date: 11/20/18	Archive Date: 11/20/18

DOCKET NO. 18-25 933
DATE:	November 20, 2018
ORDER
Service connection for tinnitus is granted.
FINDING OF FACT
Currently diagnosed tinnitus is had its onset during active military service, to include combat service.
CONCLUSION OF LAW
The criteria for service connection of tinnitus are met.  38 U.S.C. §§ 1110, 1154, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran served on active duty in the U.S. Army from August 1966 to August 1970, including combat service in the Republic of Vietnam, and his decorations include the Combat Infantry Badge.

  
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).
Although the veteran has made varying statements regarding the onset of tinnitus, he has indicated that this stemmed from misunderstanding of the questions asked him.  He has not denied tinnitus, only stated at times it was not significant, or frequent, or that he could not recall and exact onset.  He has also, however, consistently associated the onset with established military noise exposure, and has clearly stated that his exposure to combat noise in Vietnam increased his tinnitus.  This competent and credible lay evidence outweighs the negative medical evidence of the VA examiners, particularly as it is consistent with service connection for hearing loss.
 
WILLIAM H. DONNELLY
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Mary C. Suffoletta