Citation Nr: 20052957 Decision Date: 08/10/20 Archive Date: 08/10/20 DOCKET NO. 16-06 148 DATE: August 10, 2020 ORDER Entitlement to service connection for tinnitus is granted. FINDING OF FACT The evidence is in equipoise as to whether the Veteran’s tinnitus is etiologically related to noise exposure in service. CONCLUSION OF LAW The criteria for entitlement to service connection for tinnitus have been met. 38 U.S.C. § 1110, 1131, 1154, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service from October 1982 to March 1988 and additional Reserve service, including from October 1990 to May 2005. This appeal comes to the Board of Veterans’ Appeals (Board) from a rating decision, dated November 2012, issued by a Department of Veterans Affairs (VA) Regional Office. The Veteran timely appealed. The Veteran’s appeal has previously been before the Board. In September 2018, the Board remanded the Veteran’s claim to the AOJ for additional development. Service Connection When there is an approximate balance of evidence regarding the merits of an issue material to the determination of the matter, the benefit of the doubt in resolving each issue shall be given to the claimant. See 38 U.S.C. § 5107; 38 C.F.R. § 3.102. A claimant need only demonstrate an approximate balance of positive and negative evidence in order to prevail. See Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). For a claim to be denied on the merits, a preponderance of the evidence must be against the claim. See Alemany v. Brown, 9 Vet. App. 518, 519 (1996). The Veteran claims entitlement to service connection for tinnitus. Following a thorough review of the Veteran’s medical records, the Board finds that the evidence is in equipoise as to whether the Veteran’s tinnitus is due to or had its onset during service. Therefore, the Board grants service connection for tinnitus. LAURA E. COLLINS Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board K. Bristor 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.