carlie Posted November 17, 2006 Share Posted November 17, 2006 (edited) Read all the way to the bottom. Citation Nr: 0604792 Decision Date: 02/21/06 Archive Date: 02/28/06 DOCKET NO. 03-06 283 ) DATE ) ) On appeal from the Department of Veterans Affairs Regional Office in St. Petersburg, Florida THE ISSUE Entitlement to service connection for tinnitus. REPRESENTATION Appellant represented by: Veterans of Foreign Wars of the United States WITNESS AT HEARING ON APPEAL Appellant ATTORNEY FOR THE BOARD A. D. Jackson, Counsel INTRODUCTION The veteran served on active duty from May 1989 to May 1998. This matter comes before the Board of Veterans' Appeals (Board) from an August 2000 rating decision by the Department of Veterans Affairs (VA) Regional Office (RO) in St. Petersburg, Florida, which denied service connection for bilateral hearing loss and tinnitus. The veteran noted her disagreement in August 2001 and a statement of the case (SOC) was issued in December 2002. However, in the VA Form 9 received in January 2003, the veteran only appealed the issue regarding service connection for tinnitus. Therefore, the Board will review only the issue listed on the title page. A personal hearing was held before the undersigned Veterans Law Judge (VLJ) in June 2005. FINDING OF FACT The veteran's bilateral tinnitus is due to acoustic trauma in service. CONCLUSION OF LAW Tinnitus was incurred in active military service. 38 U.S.C.A. §§ 1110, 1131, 1154(b), 5107(b) (West 2002); 38 C.F.R. § 3.303 (2005). REASONS AND BASES FOR FINDING AND CONCLUSION Because this decision effects a complete grant of the benefit sought on appeal, appellate review of this claim may be conducted without prejudice to the veteran, Bernard v. Brown, 4 Vet. App. 384 (1993), and it is unnecessary to analyze VA's development of the claim. See 38 C.F.R. §§ 3.102, 3.156(a), 3.159 and 3.326. Criteria and analysis In general, service connection may be granted for disability resulting from disease or injury incurred in or aggravated by active military service. 38 U.S.C.A. §§ 1110, 1131. In order to establish service connection for the claimed disorder, there must be (1) medical evidence of a current disability; (2) medical, or in certain circumstances, lay evidence of in-service incurrence or aggravation of a disease or injury; and (3) medical evidence of a nexus between the claimed in-service disease or injury and the current disability. See Hickson v. West, 12 Vet. App. 247, 253 (1999). The determination as to whether these requirements are met is based on an analysis of all the evidence of record and the evaluation of its credibility and probative value. Baldwin v. West, 13 Vet. App. 1, 8 (1999). The veteran's statements describing the symptoms of her tinnitus are deemed competent evidence. Espiritu v. Derwinski, 2 Vet. App. 492 (1992). However, these statements must be considered with the clinical evidence of record and in conjunction with the pertinent regulations. The veteran's service medical records do not show any complaints, findings or diagnoses regarding tinnitus. In written statements, as well as in testimony given at a June 2005 hearing before the undersigned VLJ, the veteran reported that her duties included being exposed to airplane engine noise. Further, the veteran's service medical records indicate that she was routinely exposed to hazardous noise. The Board finds that this veteran's statements and testimony in regard to her noise exposure are credible and consistent with her military service. Further, the veteran has reported continuity of tinnitus since service discharge. In August 2005 a private audiologist noted that the veteran reported a history of tinnitus since 1991. The audiologist stated that her tinnitus is "a[t] least as likely as not" caused by noise exposure from her military experience. Taking into consideration the veteran's inservice history, the audiologist's opinion as to causation, and the veteran's statements to the effect that she had tinnitus thereafter, the Board concludes that the preponderance of the evidence regarding tinnitus warrants service connection. ORDER Service connection for tinnitus is granted. ____________________________________________ J. E. DAY Veterans Law Judge, Board of Veterans' Appeals Jonathan E Day Did my BVA Hearing at St. Pete VARO and I've been looking for anything I could find about him ! ! carlie Edited November 17, 2006 by carlie Link to comment Share on other sites More sharing options...
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Read all the way to the bottom.
Citation Nr: 0604792
Decision Date: 02/21/06 Archive Date: 02/28/06
DOCKET NO. 03-06 283 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in St.
Petersburg, Florida
THE ISSUE
Entitlement to service connection for tinnitus.
REPRESENTATION
Appellant represented by: Veterans of Foreign Wars of
the United States
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
A. D. Jackson, Counsel
INTRODUCTION
The veteran served on active duty from May 1989 to May 1998.
This matter comes before the Board of Veterans' Appeals
(Board) from an August 2000 rating decision by the Department
of Veterans Affairs (VA) Regional Office (RO) in St.
Petersburg, Florida, which denied service connection for
bilateral hearing loss and tinnitus.
The veteran noted her disagreement in August 2001 and a
statement of the case (SOC) was issued in December 2002.
However, in the VA Form 9 received in January 2003, the
veteran only appealed the issue regarding service connection
for tinnitus. Therefore, the Board will review only the
issue listed on the title page.
A personal hearing was held before the undersigned Veterans
Law Judge (VLJ) in June 2005.
FINDING OF FACT
The veteran's bilateral tinnitus is due to acoustic trauma in
service.
CONCLUSION OF LAW
Tinnitus was incurred in active military service.
38 U.S.C.A. §§ 1110, 1131, 1154(b), 5107(b) (West 2002);
38 C.F.R. § 3.303 (2005).
REASONS AND BASES FOR FINDING AND CONCLUSION
Because this decision effects a complete grant of the benefit
sought on appeal, appellate review of this claim may be
conducted without prejudice to the veteran, Bernard v. Brown,
4 Vet. App. 384 (1993), and it is unnecessary to analyze VA's
development of the claim. See 38 C.F.R. §§ 3.102, 3.156(a),
3.159 and 3.326.
Criteria and analysis
In general, service connection may be granted for disability
resulting from disease or injury incurred in or aggravated by
active military service. 38 U.S.C.A. §§ 1110, 1131.
In order to establish service connection for the claimed
disorder, there must be (1) medical evidence of a current
disability; (2) medical, or in certain circumstances, lay
evidence of in-service incurrence or aggravation of a disease
or injury; and (3) medical evidence of a nexus between the
claimed in-service disease or injury and the current
disability. See Hickson v. West, 12 Vet. App. 247, 253
(1999). The determination as to whether these requirements
are met is based on an analysis of all the evidence of record
and the evaluation of its credibility and probative value.
Baldwin v. West, 13 Vet. App. 1, 8 (1999).
The veteran's statements describing the symptoms of her
tinnitus are deemed competent evidence. Espiritu v.
Derwinski, 2 Vet. App. 492 (1992). However, these statements
must be considered with the clinical evidence of record and
in conjunction with the pertinent regulations.
The veteran's service medical records do not show any
complaints, findings or diagnoses regarding tinnitus.
In written statements, as well as in testimony given at a
June 2005 hearing before the undersigned VLJ, the veteran
reported that her duties included being exposed to airplane
engine noise. Further, the veteran's service medical records
indicate that she was routinely exposed to hazardous noise.
The Board finds that this veteran's statements and testimony
in regard to her noise exposure are credible and consistent
with her military service. Further, the veteran has reported
continuity of tinnitus since service discharge.
In August 2005 a private audiologist noted that the veteran
reported a history of tinnitus since 1991. The audiologist
stated that her tinnitus is "a[t] least as likely as not"
caused by noise exposure from her military experience.
Taking into consideration the veteran's inservice history,
the audiologist's opinion as to causation, and the veteran's
statements to the effect that she had tinnitus thereafter,
the Board concludes that the preponderance of the evidence
regarding tinnitus warrants service connection.
ORDER
Service connection for tinnitus is granted.
____________________________________________
J. E. DAY
Veterans Law Judge, Board of Veterans' Appeals
Jonathan E Day Did my BVA Hearing at St. Pete VARO and I've been looking for anything I could find about him ! ! carlie
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