Citation Nr: 21065914 Decision Date: 10/28/21 Archive Date: 10/27/21 DOCKET NO. 17-58 842 DATE: October 28, 2021 ORDER Entitlement to a compensable rating for tinnitus is granted. FINDING OF FACT The Veteran's service-connected tinnitus most closely approximates the level of impairment contemplated by the 10 percent rating criteria. CONCLUSION OF LAW The criteria for a compensable rating for tinnitus have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 3.321, 4.1, 4.2, 4.10, 4.87, DC 6260. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 1978 to February 1981 and from January 2006 to October 2006. This appeal comes before the Board of Veterans' Appeals (Board) from an August 2016 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a Travel Board hearing before the undersigned; however, a transcript of the hearing has not been associated with the Veteran's claims file as of the date of this decision. In this case, any missing transcript is not prejudicial to the Veteran because the Veteran is receiving a full grant of the benefits sought on appeal. Entitlement to a compensable rating for tinnitus An August 2016 rating decision awarded service connection for tinnitus and assigned a non-compensable disability rating, effective April 17, 2009, the day the Veteran originally filed a claim for compensation. The Veteran seeks an increased rating for his service-connected tinnitus, citing a worsening of his condition. Disability evaluations are determined by the application of a schedule of ratings that is based on the average impairment of earning capacity. Separate diagnostic codes identify the various disabilities. 38 U.S.C. § 1155; 38 C.F.R., Part 4. Where there is a question as to which of two disability evaluations shall be applied, the higher evaluation is to be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating is to be assigned. 38 C.F.R. § 4.7. The Veteran's entire history is reviewed when making disability evaluations. See Schafrath v. Derwinski, 1 Vet. App. 589 (1995). Tinnitus is defined as "a noise in the ears, such as ringing, buzzing, roaring, or clicking. It is usually subjective in type." See Dorland's Illustrated Medical Dictionary, 1956 (31st ed. 2007). Because tinnitus is "subjective," its existence is generally determined by whether a person claims to experience it. Tinnitus has been specifically found to be a disorder with symptoms that can be identified through lay observation alone. Charles v. Principi, 16 Vet. App. 370 (2002). The Agency of Original Jurisdiction (AOJ) assigned a noncompensable rating based on aggravation of pre-existing tinnitus which was considered 10 percent disabling prior to service. As noted above, tinnitus is a disability that can be identified through lay observation alone. The Board finds the AOJ's attempt to quantifiably equate the Veteran's pre-service tinnitus to his post-service tinnitus less credible than the Veteran's consistent and competent recollection of those events. Furthermore, the pre-service tinnitus was apparently caused by walking next to security alarm, while acoustic trauma in service was due to years on the flight line next to military jets and helicopters, and mortars and rocket fire during combat service in Iraq. If there was any pre-service tinnitus, the Board finds the level of aggravation due to service warrants a 10 percent disability evaluation. Under Diagnostic Code 6260, a 10 percent disability rating for "recurrent" tinnitus is allowed, with no mention of etiology as a factor. See 38 C.F.R. § 4.87 (2000); see also 64 Fed. Reg. 25202 - 25210 (May 11, 1999). This Code allows for a single 10 percent disability rating for tinnitus regardless of whether it is unilateral or bilateral. Smith v. Nicholson, 451 F.3d 1344 (Fed. Cir. 2006). No higher disability rating is available under the Rating Schedule. The maximum allowable 10 percent disability rating for tinnitus is granted for the entire period on appeal. Cynthia M. Bruce Veterans Law Judge Board of Veterans' Appeals Attorney for the Board R. Nelson, 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.