Citation Nr: 22012214 Decision Date: 03/02/22 Archive Date: 03/02/22 DOCKET NO. 15-24 138 DATE: March 2, 2022 ORDER Entitlement to service connection for tinnitus is granted. REMANDED Entitlement to an initial compensable rating for occlusion left posterior tibial artery is remanded. Entitlement to an initial compensable rating for lacerations left saphenous vein is remanded. FINDING OF FACT The weight of the persuasive evidence shows the Veteran's current tinnitus began during or within one year of separation from service. CONCLUSION OF LAW The criteria for service connection for tinnitus have been met. 38 U.S.C. § 1110; 38 C.F.R. §§ 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from December 1990 to April 1997. In January 2022, a virtual hearing was held before the undersigned Veterans Law Judge. This decision is made under the "one-touch" program. A transcript will be associated with the claims file at a later date. Entitlement to service connection for tinnitus In January 2014, VA denied service connection for tinnitus. The Veteran disagreed with the decision and perfected this appeal. Service connection may be granted for a disability resulting from disease or injury incurred in or aggravated by active military, naval, or air service. 38 U.S.C. § 1110; 38 C.F.R. § 3.303(a). Service connection may be granted for any disease initially diagnosed after service when all the evidence, including that pertinent to service, establishes that the disease was incurred in service. 38 C.F.R. § 3.303(d). Service connection for a disability requires evidence of: (1) a current disability; (2) a disease or injury in service, and (3) a relationship or nexus between the current disability and any injury or disease during service. Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004). Certain chronic diseases, including organic diseases of the nervous system, are subject to presumptive service connection if manifest to a compensable degree within one year from separation from service even though there is no evidence of such disease during the period of service. This presumption is rebuttable by affirmative evidence to the contrary. 38 U.S.C. § 1137; 38 C.F.R. § 3.307(a)(3), 3.309(a). Tinnitus qualifies as a chronic disease as it is an organic disease of the nervous system. See Fountain v. McDonald, 27 Vet. App. 258 (2015). In a March 2014 statement, the Veteran generally asserted in-service noise exposure noting that he constantly worked around helicopters, jets, firetrucks, and forklifts. At the hearing, he reported working on the flight line. He also testified that he had tinnitus in service but was discouraged from reporting it. Service treatment records are negative for complaints or findings of tinnitus. Service records, however, show his primary specialty was as an aviation boatswain's mate and his reports of noise exposure are consistent with the circumstances of his service. On VA examination in August 2013, the Veteran reported intermittent, bilateral tinnitus for about the past 15 years. The circumstances of onset were unknown. The examiner stated that based on the date of onset (15 years ago) and normal hearing at exit, it is less likely than not that the Veteran's tinnitus is due to military noise exposure. In considering nexus, the Board acknowledges the negative VA opinion of record, but does not find it probative because it is largely based on the absence of hearing loss at separation and does not appear to adequately consider the Veteran's lay statement of onset within close proximity to service (approximately 1998). The Veteran is competent to report tinnitus and when it began. See Charles v. Principi, 16 Vet. App. 370, 374 (2002). The Board finds no reason to doubt the credibility of his statements and on review, the weight of the persuasive evidence shows the Veteran's tinnitus began during or within one year following service. Accordingly, service connection is established. REASONS FOR REMAND Entitlement to an initial compensable rating for occlusion left posterior tibial artery and for lacerations left saphenous vein In February 2014, VA granted service connection for occlusion left posterior tibial artery and for lacerations left saphenous vein and assigned noncompensable ratings effective October 29, 2012. The Veteran disagreed with the decision and perfected this appeal. He generally contends that the assigned ratings do not adequately contemplate the severity of his disorders. The Veteran most recently underwent VA examinations for these issues in December 2013. At the hearing, the Veteran testified that his disorders have worsened. Considering the Veteran's contentions, a contemporaneous examination is needed to assess the current nature, extent, and severity of his disorders. See Snuffer v. Gober, 10 Vet. App. 400, 403 (1997). The matters are REMANDED for the following action: 1. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected occlusion left posterior tibial artery. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. 2. Schedule the Veteran for an examination by an appropriate clinician to determine the current severity of his service-connected lacerations left saphenous vein. The examiner should provide a full description of the disability and report all signs and symptoms necessary for evaluating the Veteran's disability under the rating criteria. LAURA E. COLLINS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board M. Carsten, 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.