Citation Nr: 21042193
Decision Date: 07/12/21	Archive Date: 07/12/21

DOCKET NO. 16-35 876
DATE: July 12, 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 had active military service from September 1969 to March 1972.  He testified before the undersigned Veterans Law Judge during a March 2021 hearing.  This matter is on appeal from a March 2015 rating decision. 

The Board of Veterans' Appeals (Board) concludes that the Veteran has a current disability that began during active 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 January 2015 VA examination shows the Veteran has a current diagnosis of tinnitus.  Thus, the question becomes whether the current disability is related to service.  On this question there is evidence in favor of and against the claim.

The evidence against the claim includes the January 2015 VA examiner's negative opinion.  The rationale was that based on the objective evidence available, there was no evidence on which to conclude that the Veteran's current tinnitus was caused by or a result of his military service, including noise exposure or acoustic trauma.

The evidence in favor of the claim includes the Veteran's March 2021 testimony.  He testified that his current tinnitus more likely than not started before he was discharged from service in March 1972.  The Veteran is competent and credible to report when his tinnitus began.  Charles v. Principi, 16 Vet. App. 370, 374 (2002).

Upon review of the record, the Board finds the evidence to at least be in equipoise as to whether the Veteran's current tinnitus arose in service.  Accordingly, after resolving all doubt in favor of the Veteran, the Board finds that service connection for tinnitus is warranted.  38 U.S.C. § 5107; 38 C.F.R. § 3.102.

 

 

A. C. MACKENZIE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	L. Barstow, 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 This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.