Citation Nr: 21008200 Decision Date: 02/12/21 Archive Date: 02/12/21 DOCKET NO. 17-27 682 DATE: February 12, 2021 ORDER Entitlement to service connection for tinnitus is granted. FINDING OF FACT The Veteran’s tinnitus had its onset in service. CONCLUSION OF LAW The criteria to establish service connection for bilateral tinnitus are met. 38 U.S.C. §§ 1112, 1113, 1131, 1137, 1154(b), 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309, 4.87, Diagnostic Code 6260 (2019). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty in the United States Army from October 1997 to October 2001. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an August 2016 rating decision (RD) of a Regional Office (RO) of the Department of Veterans Affairs (VA) in Huntington, West Virginia, denying Veteran’s claim for tinnitus. The Board issued a February 2019 decision which, in relevant part, denied the Veteran’s claim for service connection for tinnitus. In June 2020, the U.S. Court of Appeals for Veterans Claims (CAVC) issued a decision setting aside the Board’s decision and remanding for further development and readjudication. The Board’s February 2019 decision also remanded the matter of entitlement to service connection for a right ankle disability. This was granted in full by the RO in a July 2020 rating decision. The matter is no longer in appellate status. Grantham v. Brown, 114 F. 3d 1156, 1158 (Fed. Cir. 1997). 1. Entitlement to service connection for tinnitus The Veteran contends that his tinnitus was caused by noise exposure during his active service. Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship also known as a “nexus” between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). VA considers tinnitus an “other organic diseases of the nervous system” included among chronic diseases. 38 C.F.R. § 3.309(a). Such chronic diseases may be service connected on a presumptive basis if shown as “chronic” during service, manifested to a compensable degree in a specified period after service, or productive of continuous symptomatology since service. See 38 U.S.C. §§ 1101, 1112, 1113; 38 C.F.R. §§ 38 C.F.R. § 3.303(b), 3.307, 3.309. The Veteran reported that his gradual onset of symptoms of tinnitus started in approximately 2000 while he was in service and have continued since that time. See July 2016 VA Examination, September 2016 Notice of Disagreement. The Veteran was diagnosed with tinnitus at a July 2016 examination. Therefore, the Board finds that evidence indicates that the Veteran has a current disability of tinnitus and the first element of service connection is established. See Shedden, 381 F.3d at 1167. The Veteran stated that while in service he worked in the motor pool and spent 8-10 hours a day working around running deuce and a half’s (military cargo trucks) which were very loud. See May 2017 Form 9 Appeal. He stated that is when the ringing in his ears began. Id. The Veteran’s service treatment records (STRs) indicate that he was routinely noise exposed and used hand formed earplugs and triple flange for hearing protection. See October 2001 STRS. The Board concludes the Veteran’s statements regarding the onset of his symptoms and his noise exposure, in addition to his STRs indicating routine noise exposure, support that his tinnitus started while in service. Therefore, the Board finds that the Veteran’s tinnitus was “chronic” in service and that the second element of service connection is established. Resolving reasonable doubt in the Veteran’s favor, the Board finds that the symptoms associated with tinnitus were “chronic” in service and warrant presumptive service connection for tinnitus under 38 C.F.R. § 3.303(b). The July 2016 VA examiner opined that the Veteran’s tinnitus was not related to service since there was no documentation of significant threshold shifts or in-service trauma. The Veteran reported that the symptoms of his tinnitus started in 2000, however the examiner’s opinion did not consider that evidence. Further, in the section regarding functional impact of tinnitus, the examiner was instructed to ask the Veteran to describe in his own words the effect of his disability. In response, the examiner noted there were no pertinent medical records for the complaint, symptomatology or diagnosis of the condition. Id. The Board finds this examination to be of little probative value as the examiner failed to consider the Veteran’s statements regarding the onset of his tinnitus before rendering his medical opinion. Regardless, the Veteran has maintained that his tinnitus began in service and the ringing in his ears has been constant since onset. See September 2016 Notice of Disagreement, May 2017 Form 9 Appeal. As presumptive service connection based on chronicity is being granted, there is no need to discuss entitlement to service connection on any other basis, as other theories of service connection have been rendered moot, leaving no question of law or fact to decide. See 38 U.S.C. § 7104. Therefore, the Board finds that, affording the Veteran the benefit of the doubt, his tinnitus is due his active military service. See 38 U.S.C. § 5107(b); 38 C.F.R. § 3.102. Accordingly, service connection for tinnitus is granted. J. B. FREEMAN Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board C. Aubee, 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.