Citation Nr: 21016149 Decision Date: 03/19/21 Archive Date: 03/19/21 DOCKET NO. 19-14 119 DATE: March 19, 2021 REMANDED Service connection for tinnitus is remanded. REASONS FOR REMAND The Veteran, who is the appellant, had active duty service from January 1958 to December 1959. The instant case is on appeal from a Department of Veterans Affairs (VA) Regional Office (RO) rating decision that denied service connection for tinnitus. In August 2018, the Veteran appointed the Georgia Department of Veterans Services as his representative. In October 2019, the Veteran filled out a new appointment form for “Vietnam Era Veterans Association.” This attempted appointment was not successful because there was no signature by the purported representative which is also not listed as an accredited representative. Accordingly, Georgia Department of Veterans Services remained the representative, which is consistent with later representation of the Veteran at the January 2021 Board of Veterans’ Appeals (Board) hearing. The transcript from the January 2021 Board hearing has been associated with the claims file. Service Connection for Tinnitus is Remanded An October 2018 rating decision denied service connection for tinnitus based on a negative nexus opinion that was issued in the same month. After a review of the record and after taking testimony at the Board hearing, the Board has concluded that the negative nexus opinion is based on two inaccurate factual premises. The October 2018 nexus opinion relies on 1) a statement that the Veteran had experienced tinnitus since childhood and 2) a conclusion that the Veteran did not have significant noise exposure during service. Regarding childhood onset, the Board credits the sworn testimony of the Veteran at the January 2021 Board hearing that the symptoms of tinnitus started in the 1960s, about three years after service, and not during childhood. Regarding the noise exposure, the Board credits the sworn testimony that the Veteran had noise exposure through weapons that he was required to train with and qualify on during service, to include rifles, pistols, and machine guns, without hearing protection. The Veteran also testified to an incident during service that caused temporary ringing in the ears. The Veteran testified that he sustained a head injury when someone punched him and he landed on the pavement, breaking his lip, and experiencing ringing in the ears at the time. The service treatment (medical) records were destroyed in a fire, so there are no records that were contemporaneous to service. The Board credits the story of the in-service injury and the temporary ringing in the ears. Given the new testimony and the facts that the Board is crediting, the Board finds that a new nexus opinion is necessary. The matter is REMANDED for the following action: Request from an appropriate examiner a medical opinion: Was the tinnitus that started in the 1960s at least as likely as not due to an in-service injury, disease, or event, to include noise exposure and a head injury? In forming this opinion, the VA examiner is to assume the following facts: -The tinnitus started in the 1960s, about three years after service. There was no onset of tinnitus during childhood. -The Veteran had noise exposure during service due to training and qualification on various weapons, to include rifles, pistols, and machine guns, without hearing protection. -The Veteran sustained a head injury during service that caused temporary ringing in the ears. J. PARKER 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.