Citation Nr: 22014877 Decision Date: 03/15/22 Archive Date: 03/15/22 DOCKET NO. 20-07 962 DATE: March 15, 2022 ORDER Entitlement to service connection for tinnitus is granted. FINDING OF FACT Resolving reasonable doubt in the Veteran's favor, his tinnitus condition 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-duty service from October 2004 to October 2008. This matter comes before the Board of Veterans' Appeals (Board) from a December 2018 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). The Veteran testified at a hearing in March 2022 before the undersigned Veterans Law Judge. Service Connection Service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active service. 38 U.S.C. §§ 1110, 1131, 5107; 38 C.F.R. § 3.303. The three-element test for service connection requires evidence of: (1) a current disability; (2) in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the current disability and the in-service disease or injury. Shedden v. Principi, 381 F.3d 1163, 1166 -67 (Fed. Cir. 2004). Service connection may also be granted for any disease diagnosed after discharge, when all the evidence, including that pertinent to service, establishes that the disability was incurred in service. 38 C.F.R. § 3.303 (d). Certain chronic diseases will be presumed related to service, absent an intercurrent cause, if they were shown as chronic in service; or, if they manifested to a compensable degree within a presumptive period following separation from service; or, if they were noted in service (or within an applicable presumptive period) with continuity of symptomatology since service that is attributable to the chronic disease. 38 U.S.C. §§ 1101, 1112, 1113, 1137; 38 C.F.R. §§ 3.303, 3.307, 3.309. Walker v. Shinseki, 708 F.3d 1331, 1338 (Fed. Cir. 2013). Tinnitus has been held to be an organic disease of the nervous system, and therefore is a recognized chronic disease for VA purposes. Fountain v. McDonald, 27 Vet. App. 258, 271-72 (2015); 38 C.F.R. § 3.309 (a). As such, the presumption in favor of chronic diseases and service connection based on continuity of symptomatology are potentially applicable in this Veteran's case. 1. Entitlement to service connection for tinnitus The Veteran claims that he experienced/incurred tinnitus during service, and ever since service due to acoustic trauma from having worked on and around helicopters with an extreme amount of jet engine noise exposure. See January 2018 Statement in Support of Claim. As to the first element of Shedden, for service connection the Veteran must show a current disability. Per the November 2018 VA examination report, as well as the Veteran's own lay testimony, he has a current diagnosis of tinnitus, and therefore the Board finds that his claim meets the first Shedden element to service connection. As to the second element of Shedden, for service connection the Veteran must show an in-service incurrence or aggravation of a disease or injury. Per the Veteran's lay testimony, he experienced acoustic trauma during service as a result of exposure to an extreme amount of jet engine noise. See January 2018 Statement in Support of Claim. The Veteran testified to working on helicopters as an aviation structural mechanic and plane captain, which kept him around loud equipment consistently. This is consistent with his service personnel record. Additionally, the Veteran's audiograms in his service treatment record (STRs) also confirm steady noise exposure. As such, the Board finds the second element of Shedden for service connection to be met. As to the last element of Shedden, for service connection the Veteran must show a causal relationship between the current disability and the in-service disease or injury. Here, the Board notes the November 2018 VA examiner's medical opinion that the Veteran's currently diagnosed tinnitus condition is less likely than not related to service as the Veteran did not experience a significant threshold shift beyond normal measurement variability during service. The Board finds the VA examiner's opinion to be of limited probative value given the Veteran's competent and credible reports of having experienced ringing in the ears during service and since service. Notably, tinnitus is a chronic condition that is wholly observable through the senses, meaning that medical expertise is not required to diagnose it or describe its onset and symptoms. See Charles v. Principi, 16 Vet. App. 370, 374 (2002). In this case, the Board finds that the Veteran's statements as to the onset of tinnitus to be competent and credible, and this lay evidence indicates a relationship between the current disability and the in-service noise exposure. The Board therefore concludes that a grant of service connection for tinnitus is warranted. See Gilbert v. Derwinski, 1 Vet. App. 49, 55 (1990). Bethany L. Buck Veterans Law Judge Board of Veterans' Appeals Attorney for the Board S.R. Fey, 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.