Citation Nr: 21026345 Decision Date: 04/30/21 Archive Date: 04/30/21 DOCKET NO. 17-53 812 DATE: April 30, 2021 ORDER Service connection for tinnitus is granted. FINDING OF FACT There is competent and probative evidence the Veteran’s tinnitus began during service and continued since separation from service. CONCLUSION OF LAW The criteria for service connection for tinnitus are met. 38 U.S.C. § 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.304, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from April 1967 to January 1971 and from November 1990 to May 1991. The Veteran appeared for a hearing before the undersigned Veterans Law Judge (VLJ) in September 2020. The hearing transcript is associated with the claims file. Service connection for tinnitus The Veteran contends his tinnitus began during service and continued since separation from service. See August 2017 notice of disagreement (NOD), December 2017 VA Form 9, and September 2020 hearing testimony. Service connection may be granted for a disability or injury incurred in or aggravated by active military service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. In order to establish service connection for a present disability the claimant must show: (1) the existence of a present disability, (2) an in-service incurrence or aggravation of a disease or injury, and (3) a causal relationship or “nexus” between the present disability and the in-service injury or disease. Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004). Service connection may also be established for certain chronic diseases, to include tinnitus, manifested to a compensable degree within a presumptive period following separation from service. 38 C.F.R. §§ 3.307, 3.309. Alternatively, when a disease is not shown to be chronic during service or within the presumptive period, service connection may also be established by showing continuity of symptomatology after service. 38 C.F.R. § 3.303(b). The preponderance of the evidence shows the Veteran’s tinnitus began during service and continued since separation from service. Service treatment records (STRs) are silent for complaint, treatment, or diagnosis of tinnitus or ringing in the ears. His DD-214 shows his military occupational specialty (MOS) was an Aircraft Mechanic, which has a high probability of exposure to noise. The Veteran contends he was exposed to continuous loud noise without hearing protection while working as a jet mechanic in the Navy. He stated he first noticed ringing in his ears around late 1970. He reported continued tinnitus symptoms since service. He denied loud noise exposure after service, to include working for the United States Postal Service. See August 2017 NOD, December 2017 VA Form 9, and September 2020 hearing testimony. The United States Court of Appeals for Veterans Claims (Court) has specifically held that tinnitus is a type of disorder associated with symptoms capable of lay observation. See Charles v. Principi, 16 Vet. App. 370 (2002). As such, the primary role of the Board in adjudicating the tinnitus claim is to assess the credibility of the Veteran’s statements. See Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006). In this case, the Board finds no reason to doubt the Veteran’s credibility. As the Board finds continuity of symptomatology of tinnitus has been shown, service connection for tinnitus is warranted. KELLI A. KORDICH Veterans Law Judge Board of Veterans’ Appeals Attorney for the Board T. Winkler, 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.