12-20 798, 12-20 798

Veteran served on active duty in the U.S. Army from Sept. 1979 to Sept. 1982; later Reserve service.
Veteran claims onset of tinnitus during service, reporting exposure to grenade explosions, machine guns, M-16/M-60 ranges, and other loud noises; received a Sharpshooter Qualification Badge (M-16).
Service medical records note ear pain, foreign bodies removed, and a 1983 impression of left eardrum perforation, but contain no contemporaneous tinnitus complaints.
Post-service records show a formal tinnitus diagnosis beginning in 2011 and consistent reports of intermittent/then persistent tinnitus since service.
VA audiology opinions (2011, 2013) found tinnitus less likely related to hearing loss and questioned in-service documentation; no VA etiology opinion explicitly linking tinnitus to service noise exposure.
Administrative history: Claim appealed to Board; Veteran failed to attend a scheduled hearing; Board granted service connection for tinnitus and remanded psychiatric claim for further development.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Entitlement to service connection for tinnitus	Tinnitus began in service after loud-noise exposures (grenade explosion, weapons ranges, field gunfire); persisted since service; lay and witness statements support continuity.	Medical records lack contemporaneous tinnitus complaints; VA examiners questioned nexus to hearing loss and noted MOS not typically noisy.	Granted: Board found current diagnosis and credited lay testimony of in-service onset and continuity; resolved reasonable doubt for service connection.
Entitlement to service connection for a psychiatric disability (bipolar disorder, etc.)	Veteran reports highs/lows, depression, suicide attempt, substance use, and service-related stressors; argues psychiatric disorder is related to service.	RO/record have inconsistent/limited documentation; need for medical nexus opinion.	Remanded: Board ordered VA mental health exam and nexus opinions to adjudicate.
Claims for hearing loss, diabetes, left knee, whole-body disability	Veteran included these in an April 2013 Fully Developed Claim.	RO had only adjudicated overweight; other claims not developed.	Referred to AOJ for development (Board lacks jurisdiction).

Charles v. Principi, 16 Vet. App. 370 (Vet. App. 2002) (tinnitus is a disability identifiable by lay observation)
Shedden v. Principi, 381 F.3d 1163 (Fed. Cir. 2004) (elements required to establish service connection)
Buchanan v. Nicholson, 451 F.3d 1331 (Fed. Cir. 2006) (absence of contemporaneous treatment records is not dispositive of credibility)
Kahana v. Shinseki, 24 Vet. App. 428 (Vet. App. 2011) (competence of lay evidence to identify tinnitus)
Gilbert v. Derwinski, 1 Vet. App. 49 (Vet. App. 1990) (resolution of reasonable doubt in favor of claimant)