Citation Nr: 21026255 Decision Date: 04/30/21 Archive Date: 04/30/21 DOCKET NO. 19-19 432 DATE: April 30, 2021 ORDER Service connection for tinnitus is granted. FINDING OF FACT The weight of the evidence shows that it is at least as likely as not that the Veteran’s tinnitus had onset within one year from the date of his discharge. CONCLUSION OF LAW The criteria for service connection for tinnitus have been met. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303, 3.307, 3.309, 4.87, DC 6260. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran honorably served on active duty from August 1982 to July 1992, to include his tour of duty in Southwest Asia during the Persian Gulf War. In an October 2017 rating decision, the Regional Office (RO) denied his claim for service connection for tinnitus. The Veteran appealed. In September 2019, the Board denied the claim, largely relying on a negative VA medical opinion. The Veteran then appealed to the U.S. Court of Appeals for Veterans’ Claims (Court). In November 2020, the Court granted a joint motion for partial remand (JMPR), vacating and remanding the portion of the Board’s decision denying service connection for tinnitus. Per the JMPR, the parties agreed that the VA audiologist’s negative nexus opinion reflected in a June 2017 audiological examination report was inadequate. Specifically, the audiologist stated that the claims file was reviewed but the Veteran’s service treatment records (STRs) were “silent for patient reported tinnitus complaints and evidence of remarkable/documented acoustic injury.” However, the Veteran’s STRs reflect a February 4, 1983 note that an audiometric test was performed “following exposure in noise duties.” A similar annotation was made on a May 1987 audiogram. Also, an August 1985 audiogram reflects that earplugs had not been issued. Finally, an audiometric data from March 1989 shows the Veteran’s right ear hearing acuity threshold has shifted from 10 dB to 25 dB at 6000 Hz. The audiologist did not acknowledge this material evidence particularly favorable to the Veteran’s claim. By implication, the Board had erred in relying on that opinion. In light of finding that the June 2017 opinion was formed based only on partial information, the Board has reconsidered all evidence and concluded that the weight of the evidence tips the scales in the Veteran’s favor. Generally, service connection for tinnitus is granted, so long as the evidence of record shows that it is at least as likely as not that the Veteran’s current tinnitus had onset during service, or manifested within one year from the date of discharge, or otherwise is etiologically related to an in-service disease or injury such as acoustic trauma. See 38 C.F.R. § 3.303(a), (d), 3.307(a), 3.309(a), 4.87, DC 6260. Of note, the audiologist cites to the medical literature stating that tinnitus may occur following a single exposure to high-intensity impulse noise, long-term exposure to repetitive impulses, long-term exposure to continuous noise, or exposure to a combination of impulses and continuous noise. In this case, the Veteran’s military records are replete with the evidence of significant noise exposure for a decade during his service, to include operating military vehicles, communications equipment, power generators, and weapons. The June 2017 VA audiological examination report further reflects that the Veteran has episodic unilateral high-pitched ringing that occurs spontaneously a few times per week and lasts for about 5-15 minutes. Although the VA audiologist noted that the Veteran was unable to recall a remarkable date or event associated with the onset of his current symptoms, a November 2017 Notice of Disagreement reflects an unequivocal statement that he began to experience all his medical issues upon his return from the Gulf War, which is shortly prior to his discharge from service. The Veteran also points out that he was not afforded any post-deployment debrief or medical screening, and as a “good soldier” accepted worsening of his health as a part of his duties and kept his health issues to himself for many years. Absent any affirmative evidence to the contrary, the Board finds the Veteran’s statements to be credible. The cases, like this, where the Veteran reports the onset of tinnitus in service or within one year from the date of discharge, ultimately turn on the credibility of his statements. See Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006). Based on the evidence of record viewed as a whole, the Board finds that it is at least as likely as not that the Veteran’s tinnitus had onset no later than within one year from the date of his discharge, which satisfies the legal criteria for the benefits sought here. Accordingly, service connection for tinnitus is granted. MATTHEW W. BLACKWELDER Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board Alex Bardin, 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.