Citation Nr: 21029040 Decision Date: 05/12/21 Archive Date: 05/12/21 DOCKET NO. 16-06 896 DATE: May 12, 2021 ORDER Service connection for tinnitus is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, her tinnitus is at least as likely as not related to an in-service head injury. 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. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served honorably on active duty in the United States Army from April 1969 to April 1973. This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 2013 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In May 2019, the Board denied service connection for tinnitus. In a September 2020 Memorandum Decision, the Court of Appeals for Veterans Claims vacated the Board's May 2019 decision and remanded the claim for readjudication consistent with its decision. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. To establish service connection for a disability, a Veteran must show: (1) the existence of a present disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service. Davidson v. Shinseki, 581 F.3d 1313 (Fed. Cir. 2009). The Veteran contends that her tinnitus is due to an in-service head injury. For the following reasons, the Board agrees. The Veteran has a current diagnosis of tinnitus satisfying the first element for service connection. In March 2011, the Veteran submitted a statement that in September 1971, she slipped and landed on her bottom hitting her head and was informed she had a slight concussion. Though service treatment records are silent for a slip and fall and head injury, they do note that in September 1971 the Veteran had frequent and severe headaches that did not respond to treatment and resolved in October 1971. The Veteran is competent to report that she suffered a fall and hit her head. The Board finds the evidence of frequent and severe headaches in September 1971 to support the Veteran's statement that she hit her head after a fall that month. As such, the Board finds the second element of service connection met. Turning to the third element, medical nexus, the evidence consists of a private examination and a VA examination. The Veteran submitted a September 2013 private audiological examination. The examiner opined that it was as likely as not that the Veteran's tinnitus was due to her in-service head injury. The examiner's rationale is that the Veteran noticed tinnitus after her head injury. The examiner is competent to provide this opinion, the Board finds them to be credible, and affords the opinion great probative weight. In November 2015, the Veteran underwent a VA examination. The examiner opined that it was less likely than not that the Veteran's tinnitus is due to noise exposure. The examiner though did not opine if the Veteran's tinnitus was due to a head injury, only noting that there is no evidence of head trauma in the Veteran's service treatment records. The VA examination is inadequate, and the Board affords it little probative weight. The Board finds the evidence to be in relative equipoise. If the evidence is supportive or is in relative equipoise, then the veteran prevails. See 38 C.F.R. § 3.102. Accordingly, service connection for tinnitus is granted. 38 C.F.R. § 3.303. JOHN Z. JONES Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Michael Chandeck, 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.