Citation Nr: 18155714 Decision Date: 12/06/18 Archive Date: 12/04/18 DOCKET NO. 16-07 139 DATE: December 6, 2018 ORDER Service connection for right foot achilles tendon condition is granted. Service connection for hearing loss is granted. Service connection for tinnitus is granted. FINDINGS OF FACT The Veteran’s right foot achilles tendon condition, hearing loss, and tinnitus had their onset in service. CONCLUSIONS OF LAW 1. The criteria for service connection for right foot achilles tendon condition are met. 38 U.S.C. §§ 1110, 1111, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 2. The criteria for service connection for hearing loss are met. 38 U.S.C. §§ 1110, 1111, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). 3. The criteria for service connection for tinnitus are met. 38 U.S.C. §§ 1110, 1111, 5107(b); 38 C.F.R. §§ 3.102, 3.303(a). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty in the United States Air Force from September 1968 to September 1972, with service in Vietnam. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a January 2013 rating decision from the Department of Veterans Affairs (VA) Regional Office (RO). The Veteran presented sworn testimony at a hearing before the undersigned Veterans Law Judge (VLJ) in October 2018. Service Connection The Veteran asserts that he injured his right foot while in Vietnam and developed symptoms of hearing loss and tinnitus because of his military occupational specialty (MOS). He contends that he experienced recurrent foot and ear symptoms since service. Service connection may be granted for a disability resulting in a disease or injury that is incurred in or aggravated by active military service. 38 U.S.C. §1110; 38 U.S.C. §3.303. To establish service connection for the claimed disorder, the following criteria must be met: (1): medical evidence of a current disability; (2) evidence of an 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 current disability. See 38 C.F.R. § 3.303; see also Davidson v. Shinseki, 581 F.3d 1313, 1316 (Fed. Cir. 2009); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004); Hickson v. West, 12 Vet. App. 247, 253 (1999). Right foot tendon condition The Board finds service connection is warranted for the Veteran’s right foot achilles tendon condition. The Veteran currently has a right foot achilles tendon condition and experiences pain. His military personnel records show that he was stationed in Vietnam for different periods throughout his military service. The Veteran competently and credibly reports to treating physicians that while in Vietnam he jumped out of an airplane, causing pain in his heel, difficulty walking, weakness, the inability to stand on his toes, and that he did not have access to proper medical care or treatment. See June 2012 private treatment record. He reports since service he has continuously experienced pain and weakness in his right foot. Further, lay statements from the Veteran’s friends support that he relayed his in-service right foot tendon injury to them following separation from service and since service he has experienced recurrent pain and symptoms resulting in difficulty walking and climbing stairs. As the Veteran and his friends’ account of recurrent foot problems since service is both competent and credible, these statements are entitled to probative weight. See Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007). Thus, service connection is warranted. Hearing loss and tinnitus The Board finds that service connection for tinnitus is warranted. The Veteran reported ongoing, recurrent tinnitus during the appeal period. Additionally, he reported noise exposure in service because of his work as a weapons mechanic. The Veteran is competent to report the symptoms he observed and the noise exposure he experienced, and the Board finds his report to be credible. See Layno v. Brown,6 Vet. App. 465 (1994). The Veteran has a diagnosis of bilateral hearing loss. See 38 C.F.R. § 3.385. He reports that as a weapons mechanic he was repeatedly exposed to loud noises from small weapons fire, aircraft engines, arming aircrafts, and flight lines. See November 2012 VA examination. Moreover, the probative medical evidence demonstrates that his hearing loss had its onset in service. September 1968 audiometric results show his hearing was within normal range. His August 1972 separation examination audiometric results show the Veteran experienced a significant shift in his bilateral hearing while in service. The Veteran also reports that he first experienced difficulty hearing and understanding speech in service and these symptoms have continued since service. See November 2012 VA examination; July 2014 VA treatment record. The Board notes the November 2012 VA examiner’s conclusion that the Veteran’s hearing loss is not related to service because he had normal hearing thresholds at entry and no hearing loss issues prior to military service. However, this conclusion is entitled to less probative weight because the rationale fails to consider the Veteran’s lay statements or the medical evidence showing the Veteran experienced decreased hearing while in-service. As the Veteran’s hearing loss symptoms had its onset in service, service connection is warranted. Flynn v. Brown, 6 Vet. App. 500, 503 (1994). STEVEN D. REISS Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD K.Ijitimehin, Associate Counsel