Citation Nr: 21010024 Decision Date: 02/23/21 Archive Date: 02/23/21 DOCKET NO. 18-41 720 DATE: February 23, 2021 ORDER Entitlement to service connection for tinnitus is granted. FINDING OF FACT The evidence of record is in equipoise as to whether the Veteran’s tinnitus had its onset within one year of his active duty military service. CONCLUSION OF LAW Resolving all doubt in the Veteran’s favor, the criteria for service connection for tinnitus are met. 38 U.S.C. §§ 1110, 1131, 5107 (2012); 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309 (2020). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 1989 to February 1992, and from November 2001 to October 2003. In July 2019, the Board denied the Veteran’s claim for service connection for tinnitus. The Veteran then appealed the case to the United States Court of Appeals for Veterans Claims (Court). In September 2020, the Court vacated the Board’s July 2019 decision, and remanded the claim pursuant to a September 2020 Joint Motion for Remand (JMR) submitted by the Veteran and VA. Service Connection The Veteran claims entitlement to service connection for tinnitus as a result of exposure to hazardous noise during his military service, including exposure to hazardous noise while working on the flight deck aboard the U.S.S. John F. Kennedy. See January 2017 VA Form 21-0958, Notice of Disagreement. Certain chronic diseases, to include organic diseases of the nervous system such as tinnitus, 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; 38 C.F.R. §§ 3.303, 3.307, 3.309. Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013). The Board finds that the Veteran has a current diagnosis of tinnitus as evidenced by his competent lay statements of record. The Board also notes that it is clear from the evidence of record that the Veteran was exposed to hazardous noise during his military service. A December 2002 medical history questionnaire indicates the Veteran denied ringing in his ears. An August 2003 post-deployment health assessment shows that the Veteran denied ringing in his ears. During an August 2004 VA audiology examination, the Veteran reported a positive history of significant military noise exposure from aircraft engines and firearms. He also reported noise exposure post service, both recreational and occupational. Crucially, the examiner noted his report of intermittent tinnitus. Under Diagnostic Code 6260, a single 10 percent evaluation is assigned for recurrent tinnitus, whether the sound is perceived as being in one ear, both ears, or in the head. 38 C.F.R. § 4.87, Diagnostic Code 6260 (2020). The Board finds that the Veteran’s competent report of intermittent tinnitus during the August 2004 VA examination was sufficient to demonstrate the presence of a chronic disability that met the criteria for a compensable disability rating under Diagnostic 6260. Because the chronic condition under 38 C.F.R. § 3.309(a) manifested to a compensable degree within one year from the Veteran’s separation from active duty in October 2003, any subsequent manifestations are service-connected unless attributable to intercurrent causes. Here, no intercurrent causes have been shown in this case and, therefore, the Veteran’s tinnitus is presumed to be related to his military service. The benefit sought on appeal is granted. V. Chiappetta Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board James R. Springer, 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.