Citation Nr: 18152393 Decision Date: 11/21/18 Archive Date: 11/21/18 DOCKET NO. 17-04 223 DATE: November 21, 2018 ORDER Service connection for tinnitus is granted. FINDINGS OF FACT 1. The Veteran experienced in-service acoustic trauma. 2. Resolving reasonable doubt in the Veteran’s favor, her tinnitus is at least as likely as not related to noise exposure while in service. CONCLUSION OF LAW The criteria for service connection for tinnitus have been met. 38 U.S.C. §§1131, 5107(b); 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. §§ 1131; 38 C.F.R. § 3.303 (a). Service connection may also be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303 (d). Establishing service connection generally requires (1) evidence of a current disability; (2) evidence of in-service incurrence or aggravation of a disease or injury; and (3) evidence of a nexus between the claimed in-service disease or injury and the present disability. Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Tinnitus is recognized by VA as a “chronic disease” under 38 C.F.R. § 3.309(a); therefore, the presumptive provisions of 38 C.F.R. §§ 3.303(b), 3.307, and 3.309 apply. Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013); Fountain v. McDonald, 27 Vet. App. 258 (2015). 1. Service connection for tinnitus The Veteran contends that she was exposed to loud noises in service, and these loud noises caused ringing in the ears. The Veteran has a current disability of tinnitus, or ringing in the ears. The June 2014 VA examiner shows the Veteran has a current diagnosis of tinnitus. There is no medical test for tinnitus; thus, evidence of tinnitus symptoms is highly subjective. Tinnitus is a condition capable of lay observation and diagnosis; therefore, the Veteran is competent to report that she has tinnitus. See Charles v. Principi, 16 Vet. App. 370, 374 (2002). Accordingly, the first element of service connection is met. There is ample indication that she was exposed to acoustic trauma in service due to firearms training and her MOS of Law Enforcement Specialist. A performance evaluation dated April 1988 mentioned the requirement that the Veteran become proficient with a.38 caliber revolver. The June 2014 VA examiner noted “moderately probable acoustic trauma is conceded.” The Board finds that the Veteran was exposed to acoustic trauma in service. The June 2014 VA examiner opined that the Veteran’s tinnitus is less likely than not related to an in-service injury, event, or disease. The rationale was there was no evidence of noise induced hearing pathology to which tinnitus can be linked. The Veteran essentially contends in her VA Form 9 that hearing loss pathology is not a pre-requisite for tinnitus and its absence should not bar her from entitlement to service connection for tinnitus. The Board agrees. Although the Veteran’s service treatment records do not show symptoms of or complaints for tinnitus, at the June 2014 VA examination, the Veteran reported constant ringing in her ears since she was in the military that has progressively worsened over time. During an October 2013 VA audiology consult, the Veteran reported a constant ringing in the ears with an onset “soon after military” and getting worse within the last year. The Board finds that the Veteran’s statements about her experiences are credible and consistent with the places, types, and circumstances of her service. 38 U.S.C. § 1154(a). Moreover, the VA examiner noted that she has no post-service noise exposure to which tinnitus may be attributed. The Board concludes that the Veteran has a current diagnosis of tinnitus that can be linked to active service by competent and credible lay evidence of continuous symptoms. 38 U.S.C. §§ 1131, 5107(b). Resolving reasonable doubt in favor of the Veteran, the Board finds that the criteria for service connection for tinnitus have been met. L.E. COLLINS Acting Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD R. NELSON, Law Clerk