Citation Nr: 18158350 Decision Date: 12/14/18 Archive Date: 12/14/18 DOCKET NO. 16-56 180 DATE: December 14, 2018 ORDER Entitlement to service connection for tinnitus is granted. REMANDED Entitlement to service connection for headaches, to include as secondary to an acquired psychiatric disorder including posttraumatic stress disorder (PTSD) and/or major depressive disorder, is remanded. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, his tinnitus began during active service. CONCLUSION OF LAW The criteria for service connection for tinnitus have been met. 38 U.S.C. §§ 1110, 1131, 5103, 5103A, 5107; 38 C.F.R. §§ 3.159, 3.303, 3.304, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active military service from July 1974 to July 1976 and from December 1990 to May 1991, and periods of Reserve service. This matter is on appeal from a September 2015 rating decision and was previously remanded by the Board of Veterans’ Appeals (Board) for issuance of a Statement of the Case in October 2015; the matter has since been perfected on appeal. The Board also remanded the then-perfected appeal issue of service connection for an acquired psychiatric disorder for further development in October 2015. Review of the record indicates that action is still being taken with this respect to this issue and that it has not been returned to the Board. Consequently, it will be the subject of a future decision if necessary. 1. Entitlement to service connection for tinnitus. The Veteran contends that his tinnitus began in service and has continued since service due to noise exposure as a heavy equipment operator. August 2012 claim. The Board concludes that the Veteran has a current diagnosis of tinnitus that began during active service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303(a). A July 2013 VA examination report reflects that the Veteran has tinnitus. A negative nexus opinion was provided based on the Veteran having hearing within normal limits in March 1997 and November 2012 audiograms. However, such opinion does not address the Veteran's competent and credible report of tinnitus beginning in service and that has continued since service. The Veteran is competent to report that he has tinnitus, as well as its onset. Charles v. Principi, 16 Vet. App. 370 (2002). The record does not indicate that his assertions regarding the onset of his tinnitus are not credible. Therefore, after resolving all doubt in the Veteran’s favor, service connection is found to be warranted for tinnitus. This claim is thus granted in full. 38 U.S.C. § 5107(b). REASONS FOR REMAND 1. Entitlement to service connection for headaches, to include as secondary to an acquired psychiatric disorder including PTSD and/or major depressive disorder, is remanded. The Board cannot make a fully-informed decision on the issue of service connection for headaches because no VA examiner has opined whether the Veteran has headaches related to his military service or secondary to an acquired psychiatric disorder. As a March 1997 report of medical history shows that the Veteran reported headaches since returning from Desert Storm, and a private June 2017 opinion related headaches to his depressive disorder, a remand for an examination is necessary. Furthermore, in light of the positive opinion regarding headaches and depressive disorder, the claim for service connection for headaches is intertwined with the claim for service connection for an acquired psychiatric disorder pending at the RO. The matter is REMANDED for the following action: 1. In accordance with the provisions of 38 C.F.R. § 3.159(c)(1), make efforts to obtain all records identified by the Veteran, including any outstanding VA treatment records. 2. Accord the Veteran a VA medical examination, with a medical professional of appropriate expertise, who has reviewed the claims file, to determine the nature, extent, and etiology of any headaches. The most up-to-date Disability Benefits Questionnaire(s) should be utilized. A complete rationale should be given for all opinions and conclusions expressed. The examiner must opine as to whether it is at least as likely as not (i.e., probability of approximately 50 percent) that any diagnosed headaches are (1) related to the Veteran’s military service or (2) are caused or aggravated by an acquired psychiatric disorder. If they are found to have been aggravated, the examiner should quantify the approximate degree of aggravation. The examiner should consider the March 1997 report of headaches since returning from Desert Storm and June 2017 opinion relating headaches to depressive disorder. A.C. MACKENZIE Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD L. Barstow, Counsel