Citation Nr: 21010082 Decision Date: 02/24/21 Archive Date: 02/24/21 DOCKET NO. 16-24 779 DATE: February 24, 2021 ORDER Entitlement to service connection for tinnitus is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran’s favor, his tinnitus began during active service. CONCLUSION OF LAW The criteria for service connection for tinnitus are met. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. §§ 3.102, 3.303. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from July 1996 to July 1999. A Board hearing was held in July 2019. In December 2020 the Board notified the Veteran that a transcript was not available and offered the Veteran an additional Board hearing. The Veteran did not respond. The Board must therefore assume the Veteran does not desire another hearing and will adjudicate the claim. At the time of this decision, the Veteran’s representative has not had an opportunity to review the claims file and issue an informal hearing presentation (IHP). However, as this decision represents a full grant of the benefit on appeal, there is no prejudice to the Veteran. The Veteran contends that he is entitled to service connection for tinnitus. The Board concludes that the Veteran has a current diagnosis of tinnitus that began in service. 38 U.S.C. §§ 1110, 1131, 5107(b); Holton v. Shinseki, 557 F.3d 1363, 1366 (Fed. Cir. 2009); 38 C.F.R. § 3.303 (a). The Veteran is competent to describe symptoms observable to his senses, such as ringing in his ears, and as such, he is competent to diagnose tinnitus. See Jandreau v. Nicholson, 492 F.3d 1372, 1377 (Fed. Cir. 2007); see also Charles v. Principi, 16 Vet. App. 370, 374 (2003). Because tinnitus is capable of lay observation, the Veteran is also competent to report the onset and continuity of his current symptomatology. See Layno v. Brown, 6 Vet. App. 465, 470 (1994). The Veteran’s claim is bolstered by medical evidence. In a May 1999 VA examination, conducted prior to his separation, the Veteran reported tinnitus that had been present for a year. During an August 2009 VA examination, he again reported tinnitus that he been present for 10 years. The Board notes the Veteran was afforded a VA examination in June 2013, but the examiner did not offer an opinion the examination is afforded no weight. Affording the Veteran the benefit of the doubt, the Board finds that he is credible with respect to his contention that his tinnitus began in service and has continued since that time. (Continued on the next page)   Given the above, the Board finds that the Veteran’s tinnitus was incurred in service and has continued since. See 38 U.S.C. § 5107 (b); 38 C.F.R. §§ 3.303, 3.309(a); Gilbert v. Derwinski, 1 Vet. App. 49 (1990). DONNIE R. HACHEY Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board E. Mine 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.