Citation Nr: 22018117
Decision Date: 03/28/22	Archive Date: 03/28/22

DOCKET NO. 16-49 990
DATE: March 28, 2022

ORDER

Service connection for tinnitus is granted.

FINDING OF FACT

The Veteran's tinnitus had its onset in and is related to service.

CONCLUSION OF LAW

The criteria to establish service connection for tinnitus have been 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 served on active duty in the United States Marine Corps from October 2000 to October 2004, including combat service in Iraq, and his decorations include the Navy and Marine Corps Achievement Medal with Combat "V" device and the Combat Action Ribbon. 

This matter comes before the Board of Veterans' Appeals (Board) on appeal from a May 2015 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO).

This case was previously before the Board in December 2018 and remanded for further development.

Service Connection

In general, service connection may be granted for a disability or injury incurred in or aggravated by active military service. See 38 U.S.C. § 1110; 38 C.F.R. § 3.303. To prevail on a direct service connection claim, there must be competent evidence of (1) a current disability, (2) an in-service incurrence or aggravation of a disease or injury, and (3) a nexus between the in-service disease or injury and the current disability. See Holton v. Shinseki, 557 F.3d 1362, 1366 (Fed. Cir. 2009); 38 U.S.C. § 1110; 38 C.F.R. § 3.303. Service connection may also be established by credible lay evidence and medical evidence provided by the Veteran or otherwise. 38 U.S.C. § 1110; 38 C.F.R. § 3.303.

Determinations as to service connection will be based on review of the entire evidence of record, to include all pertinent medical and lay evidence, with due consideration to VA's policy to administer the law under a broad and liberal interpretation consistent with the facts in each individual case. See 38 U.S.C. § 1154 (a); 38 C.F.R. § 3.303 (a).

Service connection for tinnitus 

The Veteran seeks service connection for his tinnitus. In supports, he reports that the condition started in service due to his in-service acoustic trauma. See VA medical examination (May 2015). 

The Board finds that service connection for tinnitus is warranted. 

The Veteran has reported ongoing, recurrent tinnitus during the appeal period, and that his tinnitus began during service.  Additionally, the Veteran reported being exposed to extreme loud noises to include explosions in service while performing his duties, which is consistent with both his MOS and his combat service.

Even though the service treatment records are silent for reports of tinnitus in service, the Veteran is competent to give reports concerning his noise exposure and the onset of his tinnitus in service, and the Board finds his reports to be credible. See Layno v. Brown, 6 Vet. App. 465 (1994). Thus, all three elements necessary to establish service connection have been met. See Fountain v. McDonald, 27 Vet. App. 258 (2015). 

The Board acknowledges a negative nexus opinion of record; however, because the Board finds competent and credible the Veteran's reports that his tinnitus started in service and has been recurrent since service credible, service connection is warranted.  Id.; see also Flynn v. Brown, 6 Vet. App. 500, 503 (1994) (noting that "the element of cause and effect has been totally by-passed in favor of a simple temporal relationship between the incurrence of the disability and the period of active duty"); see also 38 C.F.R. § 3.303(a) (Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease resulting in disability was incurred coincident with service in the Armed Forces).  

As such, service connection for tinnitus is warranted.

 

 

STEVEN D. REISS

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	M. Alvarado- 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.