Citation Nr: 21007379 Decision Date: 02/09/21 Archive Date: 02/09/21 DOCKET NO. 15-03 755 DATE: February 9, 2021 ORDER Service connection for tinnitus is granted. FINDING OF FACT The Veteran has experienced ringing in his ears related to tinnitus since his separation from service. CONCLUSION OF LAW The criteria for service connection for tinnitus are met. 38 U.S.C. §§ 1112, 1113, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably on active duty in the United States Army from June 1977 to May 1978. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In January 2019, the Board denied service connection for tinnitus. In a June 2020 Memorandum Decision, the Court of Appeals for Veterans Claims vacated the Board’s January 2019 decision and remanded the claim for readjudication consistent with its decision. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1131; 38 C.F.R. § 3.303. To establish service connection for a disability, a Veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). Certain chronic diseases will be presumed related to service if they were shown as chronic in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service with continuity of symptomatology since service that is attributable to the chronic disease. 38 U.S.C. §§ 1101, 1112, 1113, 1137; Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013); Fountain v. McDonald, 27 Vet. App. 258 (2015); 38 C.F.R. §§ 3.303, 3.307, 3.309. The Veteran contends that his tinnitus is related to service and that he has had tinnitus since his separation from service. For the following reasons, the Board agrees. The Veteran has a current diagnosis of tinnitus and his military occupation specialty was motor transport operator. At his June 2013 VA examination, the Veteran stated that the he was exposed to loud noise from trucks during service. The Board finds this to satisfy the first two elements for service connection. Regarding the third element, medical nexus, the evidence consists of a June 2013 VA examination and the Veteran’s statements. In an August 2013 addendum to the VA examination, after reviewing the Veteran’s claims file, the examiner found that it was less likely than not that the Veteran’s tinnitus was related to service. The rationale was that the Veteran made no complaints of tinnitus during service and he denied ear problems on discharge. The Board has assigned less weight to the examiner’s opinion. In his April 1978 report of medical history, the Veteran marked no for “ear, nose, or throat trouble.” However, at no point did the Veteran deny that he had tinnitus on separation. The report of medical history is silent regarding tinnitus. Furthermore, the clinical evaluation for his ears at his April 1978 separation examination states that it concerns his interior and exterior canals. As such, the Board finds that the examiner’s opinion is based on an inaccurate assessment of the facts and affords it less probative weight. In contrast, the Veteran has provided competent and credible statements regarding the continuity of his tinnitus. In his February 2013 application for compensation, the Veteran states that his tinnitus began during service. This statement is repeated by the Veteran during his June 2013 VA examination. The Veteran is competent to report symptoms that are observable to him, the Board finds his statements to be credible, and affords them great probative weight. The Board finds the evidence to be in relative equipoise. Accordingly, service connection for tinnitus based on continuity of symptomatology is granted. 38 C.F.R. § 3.303(b). JOHN Z. JONES Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Michael Chandeck, 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.