Citation Nr: 21042552 Decision Date: 07/13/21 Archive Date: 07/13/21 DOCKET NO. 17-03 752 DATE: July 13, 2021 ORDER Service connection for chronic insomnia (as secondary to service-connected tinnitus) is granted. FINDING OF FACT The probative medical evidence weighs for finding that the Veteran has chronic insomnia that is proximately due to his service-connected tinnitus. CONCLUSION OF LAW The criteria for service connection for chronic insomnia have been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.310. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran honorably served from July 1969 to November 1974. This matter is before the Board of Veterans' Appeals (Board) on appeal from a June 2014 rating decision. Service connection for chronic insomnia Legal Criteria Service connection may be granted for a disability resulting from a disease or injury incurred in or aggravated by active service. See 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303 (a). "To establish a right to compensation for a present 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"- the so-called "nexus" requirement." Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2010) (quoting Shedden v. Principi, 381 F.3d 1163, 1167 (Fed. Cir. 2004). Secondary service connection may be granted for a disability that is proximately due to, or aggravated by, a service-connected condition. 38 C.F.R. § 3.310. Factual Background & Analysis By way of background, the Veteran is service connected for chronic tinnitus. November 2013 treatment records from the Mayo Sleep Disorders Clinic (Mayo Clinic) document treatment and diagnosis for insomnia and sleep disturbance related to chronic tinnitus. These records reflect that the Veteran has difficulty staying asleep, often waking every three hours, and uses prescribed Ambien. A November 2013 letter from a treating physician at the Mayo Clinic states that the Veteran has insomnia, the main cause of which is his tinnitus dating back to his years as a navy pilot and exposure to loud cockpit noise. Another July 2019 correspondence from a treating physician at the Jacksonville Sleep Center states that the Veteran "has been diagnosed with chronic physiologic insomnia that appears strongly related to tinnitus. It appears his tinnitus is intensified with silence causing difficulty with his sleep. His tinnitus has ultimately led to more disruptive sleep causing his chronic insomnia and daytime sleepiness." Considering the above, the Board finds that the preponderance of the evidence weighs for finding that the Veteran has chronic insomnia that is proximately due to service-connected tinnitus. Service connection is warranted under a secondary service connection theory of entitlement and the claim is granted. 38 C.F.R. § 3.310. Jennifer White Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Kyle McKone 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.