Citation Nr: 21064255 Decision Date: 10/19/21 Archive Date: 10/19/21 DOCKET NO. 18-00 147 DATE: October 19, 2021 ORDER Entitlement to service connection for tinnitus is granted. REMANDED Entitlement to service connection for a skin disorder of the feet is remanded. FINDING OF FACT The Veteran has tinnitus that was incurred during active duty service. CONCLUSION OF LAW The criteria for service connection for tinnitus are met. 38 U.S.C. §§ 1110, 5107(b); 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from January 1966 through January 1968, to include service in Vietnam. The issues on appeal arise from the Veteran's February 2015 claim and the agency of original jurisdiction's (AOJ's) June 2015 rating decision. The Veteran initially requested in his December 2017 substantive appeal that a video conference be scheduled for this appeal. A hearing was scheduled to take place in August 2021. That hearing was canceled by the Veteran. Neither the Veteran nor his representative has requested that the hearing be rescheduled. 1. Entitlement to service connection for tinnitus. The Veteran contends in his February 2015 claim that he incurred combat-related acoustic trauma during service in Vietnam. He asserts that he began experiencing buzzing in his ears while he was in Vietnam and that the condition has been chronic since that time. Consistent with those assertions, the Veteran's service department records show that the Veteran was trained as a marksman and deployed to Vietnam. The Board does not dispute that the Veteran incurred acoustic trauma during service. During a November 2017 audiological examination, the examiner observed that the Veteran was reporting at that time that he first noticed buzzing in his ears five years prior. In a subsequent January 2018 statement, however, the Veteran's representative clarified that the Veteran's tinnitus had actually worsened over the past five years. Again, the Veteran elaborated through his representative that his tinnitus began while he was in Vietnam. The Veteran is competent to describe his own observations as to the onset and duration of tinnitus (i.e., buzzing in his ears) and his assertions in that regard are credible. Those assertions are sufficient to establish both the presence of tinnitus and a likely etiological relationship between his tinnitus and service. The preponderance of the evidence shows that the Veteran has tinnitus that was incurred during his active duty service. The Veteran is therefore entitled to service connection for tinnitus. To that extent, this appeal is granted. REASONS FOR REMAND 1. Skin examination. The Veteran asserts in his February 2015 claim that he experienced the onset of redness and peeling of the skin on his feet while he was deployed to Vietnam. He states that the condition has remained chronic over the years and that he has treated the condition on his own using over-the-counter ointments and foot powders. He described the skin condition as being intermittent with breakouts occurring approximately once a month. Consistent with the history given by the Veteran, the records reflect no formal or active treatment for the described skin condition on the Veteran's feet. Nonetheless, the Veteran's description concerning the onset, duration, and nature of his condition raises a plausible theory that he has a present skin condition on his feet that is related etiologically to his active duty service. Given the foregoing, the Veteran should be afforded a skin examination to determine the nature of any current skin conditions and to determine whether any current skin disorders are related etiologically to the Veteran's active duty service, to include, but not limited to, presumed in-service herbicide exposure. The matters are REMANDED for the following action: 1. The Veteran should be asked whether he has additional evidence pertaining to his skin disorder of the feet. Records for any VA treatment received by the Veteran and any relevant private treatment identified by the Veteran and not already of record should be obtained. If the records are not available, such unavailability should be documented in the record. The Veteran and his representative should be notified of unsuccessful efforts in order to allow them the opportunity to obtain and submit those records for VA review. 2. After the development described above is complete, schedule the Veteran for a skin examination to determine the nature and etiology of any disorders. The evidentiary record, including a copy of this remand, must be made available to the examiner and be reviewed by the examiner. The examiner should provide a diagnosis for any skin disorders, and for each diagnosis, provide opinions as to whether it is at least as likely as not (at least a 50 percent probability) that: a) the disorder was incurred during the Veteran's active duty service; or, b) resulted from an in-service injury, illness, or event, to include but, not limited to, presumed herbicide exposure during service in Vietnam. (Continued on the next page) The examiner should provide a complete rationale, to include a discussion of relevant facts and medical principles, for all stated conclusions and opinions. All findings, opinions, and supporting rationale should be expressed in a written report. 3. After completion of the above development, the issue on appeal should be readjudicated. If the determination remains adverse to the Veteran, he and his representative should be furnished with a SSOC and be given an opportunity to respond. DONNIE R. HACHEY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board D.S. Lee 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.