Citation Nr: 21061493
Decision Date: 10/04/21	Archive Date: 10/04/21

DOCKET NO. 18-53 573
DATE: October 4, 2021

ORDER

Entitlement to service connection for tinnitus as directly due to service is granted.

FINDING OF FACT

Giving the Veteran the benefit of the doubt, the Veteran's tinnitus began during active service.

CONCLUSION OF LAW

Giving the Veteran the benefit of the doubt, the criteria for service connection for tinnitus on a direct basis have been met.  38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran had active service from June 2006 to June 2010.

This matter is on appeal from a September 2016 rating decision.  At that time, the Board notes that the Regional Office (RO) granted service connection for tinnitus on a secondary basis, awarding him noncompensable disability rating.  The Veteran appealed the basis of this grant.  As such, the current claim is entitlement to service connection for tinnitus as directly due to service.

The Veteran had a hearing before the undersigned Veterans Law Judge (VLJ) in September 2021.  

1.  Entitlement to service connection for tinnitus.

The Veteran contends that his tinnitus developed due to in-service noise exposure, including working with aircrafts.  The Board notes that the Veteran's DD 214 supports that the Veteran performed such duties as an aircraft maintenance administration specialist.  During the Board hearing, the Veteran reported that his tinnitus began three years into his service, prior to his discharge form service.  

The Board finds that the Veteran has current diagnoses of bilateral hearing loss and tinnitus and that they are related to in-service noise exposure.  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).

An August 2016 VA examiner opined that the Veteran's noise induced tinnitus began after service, in part based on what has been argued by the Veteran as an inaccurate report of his report of when the disorder started.  As the opinion appears to be based on incorrect information, the Board finds it to be inadequate.

Given the Veteran's high probability of hazardous noise exposure, in conjunction with credible reports of chronicity, and giving the Veteran the benefit of the doubt, the Board finds that service connection for tinnitus is warranted.

(Continued on the next page)

 

The appeal is granted.

 

 

H.M. WALKER

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	A. Lindio

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.