Citation Nr: 21068421 Decision Date: 11/10/21 Archive Date: 11/10/21 DOCKET NO. 18-39 318 DATE: November 10, 2021 ORDER Entitlement to service connection for tinnitus is granted. FINDING OF FACT Resolving all reasonable doubt in the Veteran's favor, the Veteran's tinnitus began during service and has continued since. CONCLUSION OF LAW The criteria for service connection for tinnitus are met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from October 1965 to March 1969. This matter comes before the Board of Veterans' Appeals (Board) on appeal from an April 2015 rating decision of a Department of Veterans Affairs (VA) Regional Office (RO). In September 2020, the Board of Veterans' Appeals (Board) issued a decision that, among other things, denied entitlement to service connection for tinnitus. The Veteran appealed the denial to the Court of Appeals for Veterans Claims (CAVC). In an April 2021 Order, pursuant to a Joint Motion for Partial Remand (JMPR) filed by the parties, the Court vacated and remanded the September 2020 decision for compliance with the instructions in the JMPR. This appeal has been advanced on the Board's docket pursuant to 38 C.F.R. § 20.902(c) (2019). 38 U.S.C. § 7107(a)(2) (2012). 1. Entitlement to service connection for tinnitus Service connection may be established for a disability resulting from disease or injury incurred in or aggravated by service. 38 U.S.C. §§ 1110; 38 C.F.R. § 3.303. At the outset, the Board notes that the Veteran was diagnosed with recurrent tinnitus during the April 2015 VA audiological examination. Thus, the remaining question is whether the Veteran's current tinnitus arose in or is related to service. Service treatment records are silent regarding complaints, treatment, or diagnosis of tinnitus. However, the Veteran contends that he was exposed to noise from aircraft in service. Given his confirmed service at an air base, it is plausible that he had such noise exposure during service. In April 2015, the Veteran reported that he experienced tinnitus in service. In a May 2016 statement, he reported that tinnitus started in service and progressively worsened over the years, but he did not know what it was or what needed to be done. He explained that he never saw a doctor because everyone had buzzing from all the airplane noise. The Board notes that the Veteran is competent to report that he first experienced symptoms of tinnitus during active service and that the symptoms have continued since that time, as tinnitus is a condition that is subjective and capable of lay observation. See Charles v. Principi, 16 Vet. App. 370 (2002) (finding lay person competent to attest to in-service acoustic trauma, in-service symptoms of tinnitus, and post-service continuous symptoms of tinnitus "because ringing in the ears is capable of lay observation"). Although the April 2015 and May 2020 VA examiners opined that it is less likely than not that the Veteran's tinnitus was related to noise exposure in service, the Board finds the Veteran's statements of tinnitus occurring during and since service to be sufficiently credible to support the claim. As tinnitus is a purely subjective disability, the Board finds the evidence is at least in equipoise as to whether the current tinnitus arose in service. Accordingly, resolving all reasonable doubt in favor of the Veteran, the Board finds that service connection for tinnitus is warranted. 38 U.S.C. § 5107(b). K. A. BANFIELD Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Asare, 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.