TINNITUS

Summary

The veteran, who served from October 2008 to November 2009, appeals the denial of service connection for tinnitus. The veteran's military occupational specialty as a Cargo Specialist suggests potential noise exposure. However, the Board reviewed evidence from August 2022 and August 2023 VA examinations. The August 2022 examiner opined that the veteran denied tinnitus during service and multiple times post-service, and found no valid evidence linking noise exposure to late-onset tinnitus. The August 2023 toxic exposure examiner found normal hearing and no evidence of ototoxicity, noting that service and post-service records consistently showed the veteran denying tinnitus. The first mention of tinnitus in VA records was in February 2022, approximately 12 years after service, which precludes presumptive service connection for chronic diseases. The Board found the evidence did not support service connection for tinnitus, noting the veteran's repeated denials of the condition post-service and the lack of nexus to military service. The appeal was denied.

Rationale

Veteran denied tinnitus during service and multiple times post-service.; Service treatment records and VA examinations show no nexus to military noise exposure.; Late onset of tinnitus precludes presumptive service connection.

Full Decision Text

Citation Nr: A26039986
Decision Date: 04/29/26	Archive Date: 04/29/26

DOCKET NO. 250701-559240
DATE: April 29, 2026

ORDER

Entitlement to service connection for tinnitus is denied.

FINDING OF FACT

Tinnitus is not related to service.

CONCLUSION OF LAW

The criteria for service connection for tinnitus have not been met. 38 U.S.C. §§ 1110, 5107; 38 C.F.R. §§ 3.102, 3.303, 3.307, 3.309.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from October 2008 to November 2009.

The rating decision on appeal was issued in September 2023 and constitutes an initial decision; therefore, the modernized review system, also known as the Appeals Modernization Act (AMA), applies.  

In the July 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Direct Review docket.

Therefore, the Board of Veterans' Appeals (Board) may only consider the evidence of record at the time of the September 2023 agency of original jurisdiction (AOJ) decision, which was subsequently subject to higher-level review. 38 C.F.R. § 20.301. If evidence was submitted during the period after the AOJ issued the decision, which was subsequently subject to higher-level review the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.301, 20.801. 

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim[s], considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision. 

Service Connection

In order to establish service connection for a present disability the claimant must show the existence of a present disability, an in-service incurrence or aggravation of a disease or injury, and a causal relationship or "nexus" between the present disability and the in-service injury or disease. Saunders v. Wilkie, 886 F.3d 1356, 1361 (Fed. Cir. 2018); Shedden v. Principi, 381 F.3d 1163, 1166-67 (Fed. Cir. 2004).

Additionally, where a veteran served 90 days or more of active service, and certain chronic diseases, such as tinnitus, which is an organic disease of the nervous system, become manifest to a degree of 10 percent or more within one year after the date of separation from such service, such disease shall be presumed to have been incurred in service, even though there is no evidence of such disease during the period of service. 38 U.S.C. §§ 1101, 1110, 1112, 1113, 1131, 1137; 38 C.F.R. §§ 3.307, 3.309(a).

1. Entitlement to service connection for tinnitus. 

The Veteran contends she has tinnitus that is related to service.

The Veteran reports recurrent tinnitus. Her military occupational specialty of Cargo Specialist concedes noise exposure. 

The Veteran received a negative VA nexus opinion in August 2022. The examiner noted that the Veteran denied tinnitus during service on a post-deployment health assessment in October 2009 and denied tinnitus multiple times post-service.  The examiner opined that there was no valid current evidence that noise exposure causes late on-set tinnitus. There was no nexus of auditory damage on active duty to relate to current report of tinnitus to military noise. The Veteran reported the onset of tinnitus as more than five years prior to the examination, and it was noted that it was probably during service per her report at the time of the examination.

The Veteran received a negative VA toxic exposure opinion in August 2023. The examiner opined that the Veteran's hearing was normal in August 2022 without evidence of ototoxicity. Service audiograms were within normal limits, and service and post-service treatment records document that the Veteran denied tinnitus on multiple occasions. There is also no evidence to support that toxic exposure causes late-onset tinnitus.

The Veteran denied ringing in the ears on the October 2009 Post-Deployment Health Assessment. She also denied tinnitus in February 2017, June 2017
 the onset of tinnitus as more than five years prior to the examination, and it was noted that it was probably during service per her report at the time of the examination.

The Veteran received a negative VA toxic exposure opinion in August 2023. The examiner opined that the Veteran's hearing was normal in August 2022 without evidence of ototoxicity. Service audiograms were within normal limits, and service and post-service treatment records document that the Veteran denied tinnitus on multiple occasions. There is also no evidence to support that toxic exposure causes late-onset tinnitus.

The Veteran denied ringing in the ears on the October 2009 Post-Deployment Health Assessment. She also denied tinnitus in February 2017, June 2017, and August 2017. 

The first mention of tinnitus within VA treatment records is in February 2022. However, even after that report of tinnitus, the Veteran was found not to have or  denied ringing in the ears in August 2022 and April 2023. 

The Veteran has repeatedly denied tinnitus and/or ringing in the ears since service discharge, which refutes the claim that she has experienced tinnitus since service or for more than five years prior to the August 2022 VA examination. 

The first affirmation of tinnitus is in February 2022, which is approximately 12 years after service discharge. Therefore, presumptive service connection for a chronic disease is not available in this case. 

The Board acknowledges that the Veteran questioned the competency of the audiologist who performed the August 2022 VA examination. A copy of the examiner's CV will be provided separately. As this objection was raised after the AOJ decision on appeal, the Board cannot remand for the examiner's CV as this request is not a duty to assist error that the AOJ failed to fulfill. 

The Board finds that based upon the evidence of record that service connection for tinnitus is not warranted. 

 

 

Ann K. Minami

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	P. McDaniels, 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.