Citation Nr: 20004896 Decision Date: 01/22/20 Archive Date: 01/21/20 DOCKET NO. 17-02 066 DATE: January 22, 2020 ORDER Entitlement to service connection for tinnitus is granted. REMANDED Entitlement to service connection for left ear hearing loss is remanded. Entitlement to a compensable rating for right ear hearing loss is remanded. FINDING OF FACT Affording the Veteran the benefit of the doubt, his tinnitus is causally related to military service. CONCLUSION OF LAW The criteria for entitlement service connection for tinnitus have been met. 38 U.S.C. §§ 1110, 5103, 5103A, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1965 to July 1969. Entitlement to service connection for tinnitus At a November 2019 Board hearing, the Veteran testified that during service he was sonar technician on a submarine and had to wear headphones several hours at a time each day, listening for ships. He said his tinnitus started years ago but that it began to come to his attention more because his hearing has worsened over the years. The Veteran further testified that he experiences tinnitus at least two times a week last several minutes. A November 2015 VA audiological examiner opined that the Veteran’s tinnitus is not related to noise exposure in military service because his “type of tinnitus is not consistent with recurrent or chronic tinnitus; it’s more consistent with transient ear noise.” The Board concludes that the Veteran currently has tinnitus that is related to his conceded noise exposure in 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). The Board finds him credible with regard to his claim of incurrence of tinnitus in service and continuity of tinnitus since service. See Charles v. Principi, 16 Vet. App. 370 (2002). His military occupational specialty (MOS) as an aircraft mechanic is considered a high noise hazard duty. The negative VA opinion is not dispositive because it did not address the Veteran’s competent, credible assertion of service incurrence. Given that assertion and his claim that the tinnitus has continued since service, service connection for tinnitus is granted. REASONS FOR REMAND 1. Entitlement to a compensable rating for right ear hearing loss is remanded. The Veteran contends that his service-connected right ear hearing loss has worsened since his last audiological examination in November 2015. The claim is remanded for a new examination. 2. Entitlement to service connection for left ear hearing loss is remanded. The Veteran contends that his left ear hearing loss is causally related to his military service. A November 2015 VA examination related the Veteran’s right ear hearing loss to his MOS. However, at that time, the right ear hearing loss did not meet the criteria for a hearing loss disability for VA compensation purposes under 38 C.F.R. § 3.385. The right ear increased rating claim is being remanded for a new examination and that examination will likely include findings for the left ear. Given the positive nexus opinion, the left ear claim is also remanded to see if there is a hearing loss for VA compensation purposes. The matters are REMANDED for the following action: Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of hearing loss. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran’s disability under the rating criteria, including functional impairment. M.E. Larkin Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board M. G. Perkins, Associate 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.