Entitlement to an effective date of September 15, 2010, but no earlier, for the award of service connection for tinnitus is granted.

Citation Nr: 26001384 Decision Date: 01/30/26 Archive Date: 01/30/26 DOCKET NO. 16-40 193 DATE: January 30, 2026 ORDER Entitlement to an effective date of September 15, 2010, but no earlier, for the award of service connection for tinnitus is granted. FINDING OF FACT On September 15, 2010, the Veteran submitted his initial VA 21-526 claims form seeking service connection for tinnitus; the claim has been continually pursued since. CONCLUSION OF LAW The criteria for entitlement to an effective date of September 15, 2010, but no earlier, for the award of service connection for tinnitus have been met. 38 U.S.C. §§ 5107, 5110; 38 C.F.R. §§ 3.102, 3.400. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran had active duty service with the U.S. Air Force from February 1977 to April 1982. This case comes before the Board of Veterans' Appeals (Board) on appeal from a June 2013 rating decision of the Department of Veterans Affairs (VA) agency of original jurisdiction (AOJ). In June 2021 and August 2024, the Board remanded this matter for additional development, which has been completed. See Stegall v. West, 11 Vet. App. 268 (1998). In a December 2024 rating decision, the AOJ granted service connection for tinnitus with an effective date of September 25, 2024. However, this grant did not consider the entire appeals period, and so the matter remains on appeal. Earlier Effective Date Generally, the effective date of a service-connection award is the date VA received the claim, or the date entitlement arose, whichever is the later. 38 U.S.C. § 5110; 38 C.F.R. § 3.400. If the claim is received within one year of the veteran's separation from service, the effective date of the award is the day following the date of separation or the date entitlement arose. 38 C.F.R. § 3.400(b)(2). Effective March 24, 2015, VA amended its regulations to require that all claims governed by VA's adjudication regulations be filed on a standard form. Before March 24, 2015, VA accepted both formal and informal claims. 38 C.F.R. § 3.155(a) (2014). An informal claim is any communication or action indicating an intent to apply for one or more benefits. 38 C.F.R. § 3.155(a) (2013). A claim for VA benefits requires "(1) an intent to apply for benefits, (2) an identification of the benefits sought, and (3) a communication in writing." Brokowski v. Shinseki, 23 Vet. App. 79, 84 (2009). VA has an obligation to identify, act on, and develop informal claims filed prior to March 24, 2015. Id at 85. VA is only required to consider claims reasonably raised by the evidence. Id. at 88; Brannon v. West, 12 Vet. App. 32, 35 (1998) (noting that the mere presence of medical evidence does not establish an intent to seek service connection). On September 15, 2010, the Veteran submitted a VA 21-526 seeking service connection for tinnitus, leading to the June 2013 rating decision underlying this appeal. During the May 2013 VA examination, the examiner indicated that the Veteran did not report recurrent tinnitus. However, the Veteran reported during basic training a flash bang exploded 2 feet from his left side. The Veteran indicated that he had decreased hearing and ringing for 2 to 3 days after the occurrence. The Veteran reported that he was exposed to loud noise from firearms, demolitions, helicopters, and other flight line noise in combat training. He also indicated that he was exposed to loud noise as a military police officer. A May 2014 VA treatment note documented that the Veteran reported tinnitus and hearing lost in his left ear. During the September 2021 VA examination, the Veteran reported that his tinnitus began in 1977. The Veteran reported the onset of his tinnitus from hazardous noise exposure during service. The Veteran reported that his tinnitus still came and went. He indicated that his tinnitus was intermittent. The Veteran reported that he had intermittent ringing/wind like noise in both ears. The Veteran reported that there were no changes to tinnitus symptoms over time. The VA examiner provided a positive direct service connection nexus opinion. In a December 2024 rating decision, the AOJ granted service connection for tinnitus with an effective date of September 25, 2024. The AOJ conceded that the Veteran's tinnitus was directly related to the Veteran's military service. After a review of the record and viewing the evidence in a light most favorable to the Veteran, the Board finds that the appropriate date for the Veteran's award of service connection for tinnitus is September 15, 2010, the receipt date of the Veteran's VA 21-526. Tinnitus is a condition diagnosable by its unique and readily identifiable features, and hence is a disorder the presence of which is not a determination that is medical in nature but is capable of lay observation. Charles v. Principi, 16 Vet. App. 370 (2002). In this case, the Veteran reported his tinnitus began during active service and has been present continuously since then. Therefore, there is a current disability for the entire appeals period. In the August 2024 rating decision, the AOJ conceded that the Veteran's tinnitus is directly related to the Veteran's service. The Board is bound by this favorable finding. Further, tinnitus is considered a chronic disease, listed as such in 38 C.F.R. § 3.309(a). When a chronic disease is shown in service, subsequent manifestations of the same condition are considered part of the same disease process. 38 C.F.R. § 3.303(b). As tinnitus was shown in service and there is current diagnosis, and nexus, service connection is warranted for the entire appeals period. Generally, the effective date for service connection is not based on the date a disability began, but rather on the date of receipt of the claim. See Lalonde v. West, 12 Vet. App. 377, 382 (1999). As the Veteran's claim was received on September 15, 2010, the appeal must be granted. The Board has considered whether there is another possible basis for the award of an earlier effective date but has found none. The formal claim for service connection was not received within one year of separation from service, and no earlier written communication demonstrated a request to apply for benefits related to tinnitus. Thus, the earliest possible effective date for the award of service connection for tinnitus is September 15, 2010, and the claim is granted. WILLIAM H. DONNELLY Veterans Law Judge Board of Veterans' Appeals Attorney for the Board Baxter, Sikenah 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.