Citation Nr: 21075588 Decision Date: 12/20/21 Archive Date: 12/20/21 DOCKET NO. 17-52 762 DATE: December 20, 2021 ORDER Service connection for tinnitus is granted. FINDING OF FACT Tinnitus originated during active service. 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. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from October 1966 to October 1968. Service Connection for Tinnitus The Veteran asserts that service connection for tinnitus is warranted as the claimed disability was incurred due to his military duties as a mortar crewman and has been present since service separation. Service connection may be established for disability arising from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection may be established 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). The service personnel record state that the Veteran was a mortar crewman. The Veteran's in service mortar fire noise exposure is therefore conceded. The service treatment records do not refer to tinnitus or ringing of the ears. However, the Veteran's statements are competent evidence that tinnitus was incurred in service and the disability was recurrent in nature. See 38 C.F.R. § 3.159(a)(2); Jandreau v. Nicholson, 492 F.3d 1372 (Fed. Cir. 2007); Charles v. Principi, 16 Vet. App 370, 374 (2002). The report of a January 2017 auditory examination conducted for the Department of Veterans Affairs (VA) states that the Veteran reported that "he did not begin to notice" tinnitus "until sometime after his military service." The Veteran was diagnosed with tinnitus. The examiner concluded that the tinnitus "was less likely than not (less than 50 % probability) caused by or a result of military noise exposure." In the March 2017 notice of disagreement and the October 2017 substantive appeal, the Veteran reported that the tinnitus had been present since service separation. The Veteran had significant noise exposure while performing his military duties. He reported the onset of tinnitus during active service which was recurrent in nature. The Veteran was diagnosed with recurrent tinnitus on post-service VA examination. Upon resolution of all reasonable doubt in the Veteran's favor, the Board concludes that service connection is now warranted for tinnitus. 38 U.S.C. § 5107; 38 C.F.R. § § 3.102. J. T. HUTCHESON Veterans Law Judge Board of Veterans' Appeals Attorney for the Board A. Smith, 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.