Citation Nr: 19115439 Decision Date: 03/01/19 Archive Date: 03/01/19 DOCKET NO. 16-30 102 DATE: March 1, 2019 ORDER Entitlement to service connection for bilateral shin splints is granted. Entitlement to service connection for residuals of traumatic brain injury (TBI) is granted. Entitlement to service connection for tinnitus is granted. FINDINGS OF FACT 1. The evidence is in equipoise that the Veteran has bilateral shin splints; his shin splints are related to his service-connected bilateral flatfoot with plantar fasciitis. 2. The Veteran’s residuals of TBI are related to a TBI experienced in service. 3. The Veteran’s tinnitus is related to noise exposure in service. CONCLUSIONS OF LAW 1. The criteria for entitlement to service connection for bilateral shin splints have been met. 38 U.S.C. §§ 1110, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.310 (2018). 2. The criteria for entitlement to service connection for residuals of TBI have been met. 38 U.S.C. §§ 1110, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2018). 3. The criteria for entitlement to service connection for tinnitus have been met. 38 U.S.C. §§ 1110, 5107(b) (2012); 38 C.F.R. §§ 3.102, 3.303, 3.304 (2018). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from August 2003 to February 2010. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from a May 2013 rating decision by the Department of Veterans Affairs (VA). In January 2019, the Veteran testified at a Board hearing before the undersigned Veterans Law Judge. Service Connection Service connection may be established for a disability resulting from a disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection requires evidence showing: (1) a current disability; (2) incurrence or aggravation of a disease or injury in service; and (3) a nexus between the current disability and the disease or injury incurred or aggravated in service. See Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303(d). 1. Entitlement to service connection for bilateral shin splints. While a VA examiner was unable to diagnose bilateral shin splints, see January 2011 VA examination, a private physician, Dr. C. Bash, MD, diagnosed shin splints. See January 2019 private opinion. As a result, the Veteran is found to have shin splints. The Veteran reported that his shin splints developed in service and discussed it frequently while seeing physicians for his service-connected plantar fasciitis. See June 2016 substantive appeal. Dr. Bash opined it was at least 90 percent probable that the Veteran’s shin splints are secondary to his service-connected flat feet with plantar fasciitis and experiences in service, because he overused his feet and forces were transmitted to his shins, causing shin splints. Additionally, his foot disorder altered his gait, placing abnormal compensatory forces on his shins. See January 2019 private opinion. Because the evidence reflects that the Veteran’s shin splints are related to his service-connected bilateral flatfoot with plantar fasciitis, service connection is warranted. 2. Entitlement to service connection for TBI. The Veteran is diagnosed with TBI. See, e.g., December 2012 VA examination. During service, he was onboard a ship, slipped, fell from a ladder, and lost consciousness. See, e.g., id.; January 2019 buddy statement. Dr. Bash opined it was at least 90 percent probable that the Veteran’s TBI residuals are related to his service because of his symptoms, the time lag between his injury in service and current pathology, and because the record does not support a more plausible etiology for his symptoms. See January 2019 private opinion. Because the record reflects that the Veteran’s residuals of TBI are related to his service, service connection is warranted. 3. Entitlement to service connection for tinnitus. The Veteran is diagnosed with tinnitus. See, e.g., January 2019 private opinion. He reported that his tinnitus started in service, see, e.g., December 2012 VA examination, and his service treatment records (STRs) reflect that he was routinely exposed to noise. See August 2003 STRs. A VA examiner opined that the cause of the Veteran’s tinnitus was unknown, but did not provide further explanation. See January 2011 VA examination. As a result, the opinion is given no probative weight. A December 2012 VA examiner opined it was less likely as not that the Veteran’s tinnitus was related to his military service because there was no evidence of noise injuries, hearing loss, or significant changes in hearing during service. See December 2012 VA examination. That opinion is also given no probative weight because it relies on the absence of evidence in service and does not consider the Veteran’s report of tinnitus in service. Dr. Bash opined it was at least as likely as not that the Veteran’s tinnitus is due to noise exposure in service because he had chronicity of symptoms and there was no other plausible etiology. See January 2019 private opinion. Because the evidence reflects that the Veteran’s tinnitus is related to noise exposure in service, service connection is warranted. E. I. VELEZ Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J. Sandler, Associate Counsel