Citation Nr: 22015097 Decision Date: 03/16/22 Archive Date: 03/16/22 DOCKET NO. 18-11 689 DATE: March 16, 2022 ORDER Service connection for tinnitus is granted. FINDING OF FACT The Veteran's recurrent tinnitus is at least as likely as not related to service. CONCLUSION OF LAW The criteria for service connection for tinnitus have been met. 38 U.S.C. § 1110, 5.107; 38 C.F.R. §§ 3.102, 3.303, 3.304(d). REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from May 1969 to March 1971. The Veteran presented sworn testimony at a hearing before the undersigned in February 2022. The Board notes that the Veteran has received the Combat Infantryman Badge and Bronze Star Medal. Entitlement to service connection for tinnitus As an initial matter, the Board finds that the Veteran has a current diagnosis of tinnitus as such disorder can be identified through lay observations alone and he has offered competent and credible descriptions of experiencing tinnitus throughout the appeal period. Charles v. Principi, 16 Vet. App. 370, 374 (2002) (holding that lay evidence is competent to establish such disorders as tinnitus, which are characterized by unique and readily identifiable features that are capable of lay "observation.") Moreover, such diagnosis is confirmed by his VA treatment records and the November 2015 VA examination. Furthermore, although the Veteran's service treatment records (STRs) are negative for complaints, treatment, or diagnoses referable to such disorder, his reported in-service noise exposure is consistent with his military occupational specialty (MOS) as a weapons infantryman. Thus, the remaining inquiry is whether the Veteran's current tinnitus is related to his military service, to include noise exposure therein. As to the second requirement of in-service incurrence, under 38 U.S.C. § 1154 (b), there is a relaxed evidentiary standard for proving the onset or aggravation of an injury or disease during combat. Generally, VA will accept as true a combat veteran's report of injury or disease in service, as long as the report is consistent with the circumstances, conditions, or hardships of such service, and in the absence of evidence to the contrary. Service-connection of such injury or disease, however, may be rebutted by clear and convincing evidence to the contrary. See 38 C.F.R. §§ 3.304(d) (general combat presumption). In this regard, the November 2015 VA examiner opined that the Veteran's tinnitus is less likely than not caused by or a result of his in-service noise exposure as there was no documented report of tinnitus during service. However, at his February 2022 Board hearing, the Veteran testified that his tinnitus had its onset in service as a result of noise exposure from weapons during combat and has been continuous since such time. Additionally, VA treatment records reflect the Veteran's credible and consistent reports of longstanding tinnitus. Moreover, as previously noted, the Veteran has documented combat service, as evidenced by the receipt of the Combat Infantryman Badge, and has reported the onset of tinnitus coincident with such service. In this regard, in any case where a veteran is engaged in combat during active service, lay or other evidence of service incurrence of a combat related disease or injury will be considered sufficient proof of service connection if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence during service, and, to that end, VA shall resolve every reasonable doubt in favor of the veteran. 38 U.S.C. § 1154 (b). The Federal Circuit has also held that the presumption found in § 1154(b) applies not only to the potential cause of a disability, but also to whether a disability itself was incurred while in service. See Reeves v. Shinseki, 682 F.3d 988, 999 (Fed. Cir. 2012). Furthermore, when a claim involves a diagnosis based on purely subjective complaints, the Board is within its province to weigh the veteran's testimony and determine whether it supports a finding of service incurrence and continued symptoms since service. Barr v. Nicholson, 21 Vet. App. 303, 305 (2007); Charles, supra. Here, based on the Veteran's combat service and his descriptions thereof and ongoing tinnitus symptoms ever since, the Board resolves all doubt in favor of the Veteran and finds that his currently diagnosed tinnitus had its onset during his military service. Consequently, service connection for such disorder is warranted. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; Gilbert v. Derwinski, 1 Vet. App. 49, 53 (1990). David Gratz Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Jordan, Jacquelynn 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.