Citation Nr: 20003288 Decision Date: 01/14/20 Archive Date: 01/14/20 DOCKET NO. 19-14 833 DATE: January 14, 2020 ORDER Entitlement to service connection for tinnitus is granted. REMANDED Entitlement to service connection for bilateral hearing loss is remanded. FINDING OF FACT It is at least as likely as not the Veteran experienced tinnitus in service with recurrent symptoms ever since his separation from service. CONCLUSION OF LAW The criteria for service connection for tinnitus have been met. 38 U.S.C. §§ 1101, 1110, 1112, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from June 1972 to June 1974. He seeks service connection for tinnitus. He has asserted his tinnitus began in service and has persisted ever since. Certain chronic diseases listed in 38 C.F.R. § 3.309(a) will be service connected on a presumptive basis if they manifested to a compensable degree within one year of separation from service. 38 U.S.C. §§ 1101, 1112; 38 C.F.R. §§ 3.307(a)(3), 3.309(a). Tinnitus is an organic disease of the nervous system and is therefore a chronic disease under 38 C.F.R. § 3.309(a). See Fountain v. McDonald, 27 Vet. App. 258 (2015). The Veteran’s lay reports are sufficient to establish the manifestation of tinnitus in service and continuously thereafter. See Charles v. Principi, 16 Vet. App. 370, 374 (2002). The Board also finds the Veteran’s reports credible since his military occupational specialty has a high probability of excessive noise exposure. There is no evidence that conflicts with the Veteran’s lay reports. As a result, it is at least as likely as not the Veteran experienced tinnitus in service with recurrent symptoms ever since his separation from service. The Board notes recurrent tinnitus is a compensable disability. See 38 C.F.R. § 4.87, Diagnostic Code 6260. Resolving reasonable doubt in the Veteran’s favor, the Board finds service connection for tinnitus is warranted pursuant to the chronic disease presumption of 38 U.S.C. § 1112(a)(1). See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. REASONS FOR REMAND The Board finds a new examination is necessary to ensure compliance with VA’s duty to assist with respect to the Veteran’s service connection claim for bilateral hearing loss. The Veteran’s previous August 2017 VA examiner did not discuss or otherwise acknowledge the Veteran’s lay statements regarding episodic hearing loss in service after being exposed to acoustic trauma. As a result, an examination should be scheduled to obtain an adequate opinion that fully considers the Veteran’s credible and competent lay statements. The matter is REMANDED for the following action: Schedule the Veteran for a new examination regarding his service connection claim for bilateral hearing loss, preferably with an examiner other than his previous August 2017 VA examiner. The selected examiner must provide an opinion addressing whether the Veteran’s current bilateral hearing loss disability is at least as likely as not (50 percent probability or greater) the result of acoustic trauma in active service. The examiner must be advised the Veteran is competent to report his symptoms and history, and such reports must be specifically acknowledged and considered in formulating any opinion. If the examiner rejects the Veteran’s reports, he or she must provide a reason for doing so. The examination report must include a complete rationale for the opinion provided. M. HYLAND Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board L. S. Kyle, Counsel The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential, and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.