Citation Nr: 21066383 Decision Date: 10/29/21 Archive Date: 10/29/21 DOCKET NO. 19-12 710 DATE: October 29, 2021 ORDER Entitlement to service connection for anxiety disorder is dismissed. Entitlement to service connection for tinnitus is granted. FINDINGS OF FACT 1. At the October 2021 Board hearing, the Veteran withdrew his claim for service connection for anxiety disorder. 2. Resolving reasonable doubt in the Veteran's favor, the Veteran's tinnitus has been continuous since active duty. CONCLUSIONS OF LAW 1. The criteria for withdrawal of the appeal of the issue of entitlement to service connection for anxiety disorder have been met. 38 U.S.C. § 7105; 38 C.F.R. § 19.55. 2. Resolving reasonable doubt in the Veteran's favor, the criteria for entitlement to service connection for tinnitus have been met. 38 U.S.C. §§ 1110; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from December 1998 to December 2000. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2018 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing before the undersigned in October 2021. Withdraw of Appeal Entitlement to service connection for anxiety disorder. An appeal may be withdrawn in writing as to any or all issues involved in the appeal at any time before the Board promulgates a decision. 38 C.F.R. § 19.55. Withdrawal may be made by the appellant or by his or her authorized representative. During the October 2021 Board hearing, the Veteran explicitly, unambiguously, and with a full understanding of the consequences, withdrew the issue of entitlement to service connection for anxiety disorder. Thus, the Board finds there remains no allegation of errors of fact or law for appellate consideration concerning this issue. Accordingly, the Board does not have jurisdiction to review the appeal as to this issue, and it is dismissed. See 38 C.F.R. § 19.55. Service Connection Entitlement to service connection for tinnitus. Service connection may be granted for disability resulting from disease or injury incurred or aggravated during active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may also be granted for any injury or disease diagnosed after service, when all the evidence, including that pertinent to service, establishes that the disease or injury was incurred in service. 38 C.F.R. § 3.303. Generally, service connection requires: (1) medical evidence of a current disability; (2) medical evidence, or in certain circumstances lay testimony, of in-service incurrence or aggravation of an injury or disease; and (3) medical evidence of a nexus between the current disability and the in-service disease or injury. See Hickson v. West, 12 Vet. App. 247 (1999). Service connection may be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Tinnitus is, by definition "a noise in the ears, such as ringing, buzzing, roaring, or clicking. It is usually subjective in type." Dorland's Illustrated Medical Dictionary, 1914 (30th ed. 2003). The Veteran is competent to report continued intermittent tinnitus since his military service. Regarding noise exposure, the Veteran explained that his work location was stationed right next to the airstrip and helipad when he was stationed in Bosnia during his military service. He also reported noise exposure from being in a limited flow hood in a sterile room. See May 2018 C&P Exam. The Veteran's Form DD-214 indicate his military occupational specialty (MOS) was pharmacy specialist. His MOS carries a low probability of acoustic trauma. While the Board is cognizant of the low probability of noise exposure attributed to the Veteran's MOS, it cannot ignore the contentions proffered by the Veteran. The Veteran is competent to report the circumstances of his service and duties, and nothing in the record contradicts his reports. As such, the Board finds his reports of noise exposure credible and probative. Thus, for purposes of this analysis, the in-service acoustic trauma is conceded. The May 2018 VA examiner indicated that the Veteran's tinnitus began eight to ten years ago, which was eight to ten years after his time in service and as a result opined that it is less likely than not that the Veteran's military noise exposure caused his tinnitus. See May 2018 C&P Exam. However, the Veteran clarified in the March 2019 substantive appeal that he had shared with the May 2018 VA examiner that he has had ringing in his ears for 18 years, sometime during active service in 2000, not eight to ten years. See March 2019 Form 9. The Veteran is competent to report that he has experienced ringing in his ears since active service. See Charles v. Principi, 16 Vet. App. 370 (2002) (holding that tinnitus is a type of disorder that is capable of lay observation). The Board has no reason to doubt his reports. The Board will resolve reasonable doubt and grant service connection for tinnitus. S. HENEKS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board J. Cheng, 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.