Citation Nr: 18154787 Decision Date: 12/04/18 Archive Date: 11/30/18 DOCKET NO. 10-01 214 DATE: December 4, 2018 ORDER Service connection for tinnitus is granted. An increased initial rating of 30 percent for the Veteran’s service-connected residuals of Bankart repair with left shoulder strain is granted during the entire appeal period. FINDINGS OF FACT 1. The Veteran was diagnosed with tinnitus in April 2008, which is within one year of his November 2007 separation from active service; in his August 2009 notice of disagreement (NOD), he described in-service noise exposure throughout his naval career as an aircraft engine mechanic on the flight deck. He also stated that he had noticed and reported ringing in his ears to Navy medical personnel during active service. In November 2012, he provided competent and credible testimony describing continued tinnitus symptoms. 2. During his August 2009 VA examination, the Veteran’s left shoulder range of motion was limited to 40 degrees by pain. During this examination and the April 2008 and June 2012 VA examinations, the Veteran provided competent and credible descriptions of significant additional functional loss associated with his left shoulder disability, apart from pain and limited range of motion; he reported difficulty lifting, driving, using tools, and reaching objects. He also described flare-ups associated with increased pain, stiffness, and reduced range of motion. Based on the Veteran’s competent and credible reports of chronic left shoulder impairment, as supported by VA examination reports and treatment records and private chiropractic records, the Board resolves reasonable doubt in the Veteran’s favor and finds that his left shoulder range of motion has been limited to 40 degrees by pain and, also, has been associated with the reported functional limitations and flare-ups throughout the entire appeal period. Therefore, the Veteran is entitled to the highest rating available (30 percent) under Diagnostic Code (DC) 5201 during the entire appeal period. 3. The Veteran’s left shoulder disability is rated under DC 5201, which appears to be the most suitable code for rating his disability. The medical evidence does not show, and the Veteran has not reported, that his disability is associated with ankylosis, fail shoulder, false fail joint, fibrous union of the humerus, or any other impairment that would allow the Board to assign a higher rating under another diagnostic code or other combination of codes. CONCLUSIONS OF LAW 1. Service connection is warranted for tinnitus. 38 U.S.C. §§ 1110, 1112, 1113, 5107(b); 38 C.F.R. §§ 3.102, 3.303(b), 3.307, 3.309(a); see Fountain v. McDonald, 27 Vet. App. 258 (2015) (finding tinnitus is an “organic disease of the nervous system” subject to presumptive service connection “at a minimum where there is evidence of acoustic trauma”). 2. The criteria have been met for an increased initial rating of 30 percent for a left shoulder disability during the entire appeal period. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 4.3, 4.7, 4.10, 4.40, 4.45, 4.59, 4.71a, DC 5201; see DeLuca v. Brown, 8 Vet. App. 202 (1995); see also Mitchell v. Shinseki, 25 Vet. App. 32 (2011). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from October 2001 to November 2007. These matters are before the Board of Veterans’ Appeals (Board) on appeal from August 2008 and July 2009 rating decisions. In November 2012, the Veteran testified at a hearing before the undersigned Veterans Law Judge of the Board. A transcript of the hearing is of record. In April 2014, the Board remanded these matters for additional development. Also in April 2014, the Board took limited jurisdiction of the issues of entitlement to increased ratings for cervical spine, lumbar spine, and right foot disabilities, and instructed the RO on remand to issue a statement of the case (SOC). In November 2014, the RO issued an SOC for these three issues; however, the Veteran did not perfect an appeal by filing a form 9 (substantive appeal). Accordingly, these three issues are not in appellate status and will not be addressed further here. 1. Service connection for tinnitus For the reasons outlined above, service connection is warranted. 2. Increased initial rating for residuals of Bankart repair with left shoulder strain As outlined in the findings of fact above, the Board finds that the criteria have been met for an initial increased rating of 30 percent during the entire appeal period. The Board notes the Veteran’s July 2018 appellate brief requesting that the Board remand this matter for a contemporaneous VA examination; however, the Board finds that the available lay and medical evidence supports granting the highest rating available rating under DC 5201 (the DC under which the Veteran’s disability has been rated during the entire appeal). Because the evidence does not show, and the Veteran has not reported, ankylosis or another noted shoulder disability, which is required for a higher rating, the Board finds that no benefit would flow to the Veteran with an additional examination; accordingly, a remand is not required here. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994) (holding that remands that would only result in imposing additional burdens on VA, with no benefit flowing to the claimant, are to be avoided); see also 38 C.F.R. § 4.71a, DCs 5200, 5201, 5202. D.C. SPICKLER Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD N. Robinson, Associate Counsel