Citation Nr: 22013192 Decision Date: 03/08/22 Archive Date: 03/08/22 DOCKET NO. 19-08 195 DATE: March 8, 2022 ORDER Entitlement to service connection for tinnitus is granted. REMANDED Entitlement to service connection for a lung disorder is remanded. Entitlement to service connection for high grade prostatic intraepithelial neoplasia is remanded. Entitlement to service connection for hearing loss is remanded. FINDING OF FACT The tinnitus was incurred in service. CONCLUSIONS OF LAW The criteria for service connection for tinnitus have been met. 38 U.S.C. §§ 1101, 1110, 1112, 1131, 1137, 1154, 5107; 38 C.F.R. §§ 3.303, 3.307, 3.309. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active service from July 1973 to July 1977. In February 2021, a hearing was held before the Board pertaining to these matters. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active duty or active duty for training or for disability resulting from injury incurred in or aggravated by inactive duty for training. 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may be granted for any disease initially diagnosed after discharge, when all the evidence, including that pertinent to service, establishes the disease was incurred in service. 38 C.F.R. § 3.303(d). Where a veteran served for at least 90 days during a period of war and manifests organic disease of the nervous system to a degree of 10 percent within one year from the date of termination of such service, such disease shall be presumed to have been incurred or aggravated in service, even though there is no evidence of such disease during the period of service. 38 U.S.C. §§ 1101, 1112; 38 C.F.R. §§ 3.307, 3.309. For the showing of chronic disease in service, there is required a combination of manifestations sufficient to identify the disease entity, and sufficient observation to establish chronicity at the time, as opposed to merely isolated findings or a diagnosis including the word "chronic." When the fact of chronicity in service (or during any applicable presumptive period) is not adequately supported, then a showing of continuity after discharge is required to support the claim. 38 C.F.R. § 3.303(b). The term "chronic disease" refers to those diseases listed under section 1101(3) of the statute and section 3.309(a) of VA regulations. 38 U.S.C. § 1101(3); 38 C.F.R. § 3.309 (a); Walker v. Shinseki, 708 F.3d 1331 (Fed. Cir. 2013). After consideration of the evidence, the Board finds service connection is warranted for tinnitus. The record indicates that the Veteran has been diagnosed with tinnitus. The record also indicates that the Veteran had " moderate " noise during service. The Veteran has reported that he had tinnitus during and since active service. The Board acknowledges that the record includes a negative history of ringing in the ears during service and a reported recent onset of tinnitus in March 2010. The Veteran is competent to report a history of tinnitus during and since active service and to clarify previous histories, and the Board finds the history is consistent with the circumstances of the Veteran's service. 38 U.S.C. § 1154(a). Resolving all doubt in favor of the Veteran, the Board finds service connection is warranted for tinnitus. REASONS FOR REMAND The record reveals a history that the Veteran receives disability benefits from the Social Security Administration (SSA). These records could be relevant. Thus, further development to obtain those records is in order. Additionally, a March 2010 VA audiology record reveals that audiometric testing was performed, but audiometric information was not reported and was placed under "tools" and "audiogramdisplay." It must be associated with the record. Finally, the Board finds the record would benefit if another opinion were obtained to clarify the diagnosed lung disorder and whether it is related to service. The record includes diagnosis of chronic obstructive pulmonary disease (COPD) but also findings that there is no COPD. It also includes diagnosis of restrictive lung disease. Although the record includes opinions, the opinions do not address the diagnosed restrictive lung disease and appear based on the absence of COPD. Clarification is warranted. The matters are REMANDED for the following action: 1. Undertake appropriate development to obtain a copy of any disability determination(s) for the Veteran and a copy of the records associated with any such determination(s), notably those associated with the application for SSA benefits 2. Undertake appropriate development to obtain all outstanding VA records, including the audiogram created in conjunction with the VA-performed audiometric testing treatment provided on March 23, 2010. 3. Afford the Veteran an examination to determine the nature and likely etiology of the reported lung disorder. All pertinent evidence of record must be made available to and reviewed by the examiner. The examiner must clarify whether the Veteran has COPD. For any diagnosed disorder, the examiner should state whether the disorder began during or is etiologically related to active service. A rationale must be provided, with consideration of the history of no tobacco use since at least age 25, the February 2016 diagnosis of COPD, and the January 2015 diagnosis of restrictive lung disease. If the medical professional is unable to provide any required opinion, an explanation must be provided. If an opinion cannot be provided without resorting to mere speculation, a complete explanation as to why this is so should be provided. If the inability to provide a more definitive opinion is the result of a need for additional information, the additional information that is needed should be identified. T. REYNOLDS Veterans Law Judge Board of Veterans' Appeals Attorney for the Board N. Snyder, 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.