Citation Nr: 18138363 Decision Date: 09/26/18 Archive Date: 09/25/18 DOCKET NO. 15-29 861 DATE: September 26, 2018 ORDER Service connection for tinnitus is granted. REMANDED Service connection for bilateral hearing loss disability is remanded. The appeals for service connection for a psychiatric disorder, diabetes mellitus, and peripheral neuropathy are remanded. FINDING OF FACT The Veteran’s tinnitus appears to have been manifest within 1 year of service separation. CONCLUSION OF LAW The criteria for service connection for tinnitus are met. 38 U.S.C. §§ 1101, 1110, 1112, 1113; 38 C.F.R. §§ 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1971 to September 1974, with service in Korea from June 19, 1972 to July 10, 1973. Establishing service connection generally requires medical or, in certain circumstances, lay evidence of: (1) a current disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a nexus between the claimed in-service disease or injury and the present disability. See Davidson v. Shinseki, 581 F.3d 1313 (Fed.Cir.2009); Hickson v. West, 12 Vet. App. 247, 253 (1999); Caluza v. Brown, 7 Vet. App. 498, 506 (1995), aff'd per curiam, 78 F.3d 604 (Fed.Cir.1996) (table). Service connection may be awarded on a presumptive basis for certain chronic diseases listed in 38 C.F.R. § 3.309(a) that manifest to a degree of 10 percent within 1 year of service separation or during service and then again at a later date. 38 C.F.R. § 3.303(b); see Walker v. Shinseki, 708 F.3d 1331, 1337 (Fed.Cir.2013). Organic disease of the nervous system is listed as a chronic disease. Evidence of continuity of symptomatology may be sufficient to invoke this presumption if a claimant demonstrates (1) that a condition was “noted” during service; (2) evidence of post service continuity of the same symptomatology; and (3) medical or, in certain circumstances, lay evidence of a nexus between the present disability and the post service symptomatology. Barr v. Nicholson, 21 Vet. App. 303, 307 (2007) (citing Savage v. Gober, 10 Vet. App. 488, 496–97(1997)); see 38 C.F.R. § 3.303(b). For VA compensation and pension purposes, impaired hearing will be considered to be a disability when the auditory threshold in any of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz is 40 decibels or greater; or when the auditory thresholds for at least 3 of the frequencies 500, 1000, 2000, 3000, or 4000 Hertz are 26 decibels or greater; or when speech recognition scores using the Maryland CNC Test are less than 94 percent. 38 C.F.R. § 3.385. Based on the evidence, the Board concludes that service connection is warranted for tinnitus. It is about as likely as not that it was manifest to a degree of 10 percent within 1 year of separation, allowing for its service connection via the presumption for chronic diseases. Service treatment records, including the Veteran's July 1974 service discharge examination report, are silent for reference to it. In November 2010, the Veteran indicated that he had had it for a very long time, but that he was not sure how long he had had it. In September 2018, he testified that he had had it for a long time, probably since he came home. Based on this statement, the Board will grant service connection. Reasonable doubt is resolved in the Veteran's favor. REASONS FOR REMAND Service connection for bilateral hearing loss disability is remanded. The Veteran asserts that he has bilateral hearing loss due to noise exposure in service, specifically due to the loud noise he experienced driving trucks in service. The evidence of record includes a May 2014 audiology report that reflects hearing loss disability in both ears for VA benefits purposes. Accordingly, a medical opinion is necessary to determine whether the Veteran’s current hearing loss is related to service. The appeals for service connection for a psychiatric disorder, diabetes mellitus, and peripheral neuropathy are remanded. The Veteran is seeking service connection for psychiatric disability which he feels is due to service in Korea between June 1972 and July 1973. None of his claimed stressors have been corroborated. Instead, the RO has stated that the information required to corroborate the claimed stressor events is insufficient to send for research. Nevertheless, the Veteran has asserted, in essence, that he was in fear of hostile military activity while stationed near the DMZ in Korea. In a situation like this, if a stressor claimed by a Veteran is related to the Veteran's fear of hostile military activity and a VA psychiatrist of psychologist, or a psychiatrist or psychologist with whom VA has contracted, confirms that the claimed stressor is adequate to support a diagnosis of posttraumatic stress disorder and that the Veteran's symptoms are related to the claimed stressor, in the absence of clear and convincing evidence to the contrary, and provided the claimed stressor is consistent with the places, types, and circumstances of the Veteran's service, the Veteran's lay testimony alone may establish the occurrence of the claimed in service stressor. Diagnoses reported in the medical records in the Veteran's claims folder include PTSD, depression, major depression, and depressive disorder NOS. On remand, updated medical records will be obtained, and a VA psychiatric examination as indicated below will be obtained. Concerning the claims for service connection for diabetes mellitus and peripheral neuropathy, the evidence of record including an August 2016 letter from a retired service physician, shows that the Veteran has diabetes and diabetic peripheral neuropathy. Diabetes mellitus is presumptive to tactical herbicide exposure. The Veteran feels that he may have been exposed to tactical herbicides during his service at Camp Casey in Korea from June 19, 1972 to July 10, 1973. The units he was with at the time are reported in his service personnel records. He indicated in February 2011 and March 2013 that he had mixed and sprayed herbicides while in Korea, around their compound and motor pool, which was very close to the DMZ, and that he went to the DMZ 4 times by floating across the river. He indicated in August 2015 that the vegetation was sprayed twice a year while he was there. He recalled in August 2016 testimony that civilian Koreans sprayed herbicides at Camp Casey while he was there. The RO noted in December 2011 that the Veteran served in Korea after August 31, 1971, which is the last date that there is a presumption of exposure to herbicides in the DMZ in Korea, and took no further action. However, VA has a policy of sending a request to the Joint Services Records Research Center (JSRRC) for verification of exposure to tactical herbicide where, as here, the Veteran served in Korea, but not until after August 31, 1971. The matter is REMANDED for the following action: 1. Make arrangements to obtain updated treatment records. 2. Obtain an audiology opinion as to whether it is at least as likely as not (50 percent or greater) that the Veteran's bilateral hearing loss is related to his in-service noise exposure, including his service as a motor transport operator and a chaparral/Vulcan crewman. The examiner should consider and discuss as necessary that the Veteran is service-connected for tinnitus. All opinions must be accompanied with a fully-stated rationale. 3. After the above development has been completed, schedule the Veteran for an examination by a VA psychiatric or psychologist or a psychiatrist or psychologist with whom VA has contracted to assess his psychiatric symptomatology. It is imperative that the claims file be made available to the examiner for review in connection with the examination. Psychological testing should be conducted to help determine the appropriate diagnoses. The claims file must be made available for review. (a) The examiner should provide an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran currently has PTSD (or has had it at any time since the claim was filed in July 2010), and, if so, whether it is at least as likely as not (i.e., a 50 percent or greater probability) that such PTSD had its onset during active service, or is otherwise related to service. If PTSD is diagnosed, the examiner must opine whether the Veteran’s reported fear of hostile enemy activity are adequate to support a diagnosis of PTSD for the Veteran. (b) The examiner should also provide an opinion as to whether it is at least as likely as not (i.e., a 50 percent or greater probability) that the Veteran has one or more other psychiatric disabilities, and, if so, whether it is at least as likely as not (i.e., a 50 percent or greater probability) that any such psychiatric disability had its onset during active service, or is otherwise related to service. A complete rationale for all opinions expressed must be provided. If an opinion cannot be provided without resort to speculation, it must be noted in the examination report, and an explanation provided for that conclusion. 4. For the diabetes/neuropathy claims, the RO should contact the Joint Services Records Research Center (JSRRC). The RO shall send a description of the Veteran's accounts of his service and exposure to herbicides in Korea, together with his service information from the service department; and the JSRRC should indicate, if possible, the likelihood that the Veteran was   exposed to tactical herbicides such as Agent Orange while he was in Korea between June 19, 1972 and July 10, 1973. M. C. GRAHAM Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD C. Lawson, Counsel