Citation Nr: 21068888 Decision Date: 11/15/21 Archive Date: 11/15/21 DOCKET NO. 18-41 643 DATE: November 15, 2021 ORDER Entitlement to service connection for bilateral hearing loss for substitution purposes is granted. Entitlement to service connection for tinnitus for substitution purposes is granted. FINDINGS OF FACT 1. Resolving all reasonable doubt in favor of the appellant, for substitution benefits purposes, the Veteran's bilateral hearing loss is etiologically related to his military service. 2. Resolving all reasonable doubt in favor of the appellant, for substitution benefits purposes, the Veteran's tinnitus is etiologically related to his military service. CONCLUSIONS OF LAW 1. The criteria for service connection for bilateral hearing loss for substitution purposes have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309, 3.385. 2. The criteria for service connection for tinnitus for substitution purposes have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309. REASONS AND BASES FOR FINDINGS AND CONCLUSIONS The Veteran served on active duty from October 1943 to April 1946. He served honorably in the Pacific Theater during World War II, and was in receipt Pacific Theater Ribbon (3 stars), American Theater Ribbon, and Victory Medal. The Board is appreciative of his selfless and honorable service. He passed away in August 2012. The appellant is his surviving spouse who has been properly substituted as the claimant in this case. These matters are before the Board of Veterans' Appeals (Board) on appeal from a rating decision issued by the Department of Veterans Affairs (VA) Regional Office (RO). In November 2021, the appellant testified at a video hearing before the undersigned Veterans Law Judge. The Board is appreciative of the appellant's testimony and presentation at her hearing. Service Connection Generally, to prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Certain "chronic diseases" may be presumed to have been incurred in service if they manifest to a compensable degree within one year of separation from service; however, if the evidence of the record is insufficient to establish a disease was chronic in service, and/or manifested within the specified time period, then there must be a continuity of disease symptoms shown after discharge in order to warrant service connection. 38 C.F.R. § 3.303(b). Bilateral hearing loss and tinnitus are considered to be a "chronic disease" under 38 C.F.R. § 3.309(a). 1. Entitlement to service connection for bilateral hearing loss for substitution purposes 2. Entitlement to service connection for tinnitus for substitution purposes Prior to his August 2012 death, the Veteran reported his bilateral hearing loss and tinnitus began during service. See August 2011 VA Form 21-526. Indeed, the Veteran indicated that he was exposed to combat military noise. The Veteran's service records show that he was exposed to various acoustic noise to include combat and noisy vehicles. Post-service treatment records show that he had bilateral hearing loss for VA compensation purposes. Further, tinnitus is a condition capable of lay observation and the Veteran was competent to report to his observed symptoms and the actual existence of tinnitus. As the Board finds the Veteran's statements prior to his death credible when weighed against the record, his statements regarding the continuity of symptomatology of his hearing loss and tinnitus are probative. Additionally, the appellant has indicated that the Veteran complained of hearing loss and tinnitus for a number of years prior to his death. Finally, in an August 2010 VA audiology consultation, the examiner indicated that the Veteran's hearing loss and tinnitus is more likely due to his military service. In summation, prior to his death, the Veteran indicated his bilateral hearing loss tinnitus started in service when he was exposed to hazardous noise. The August 2010 VA examiner indicated that the Veteran's current hearing loss was due to military combat noise. There are no opinions to the contrary. The Board finds the Veteran's, as well as the appellant's, assertions credible. Accordingly, giving the appellant the benefit of the doubt, the Board finds the Veteran's bilateral hearing loss and tinnitus was due to an in-service injury, disease, or event and continued until his death. As such service connection for bilateral hearing loss and tinnitus is granted. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. H.M. WALKER Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. McPhaull, 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.