RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2014-00836
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20090430

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty, E5, Infantryman, medically separated for “hearing impairment,” with a combined disability rating of 10%.  

CI CONTENTION:  “My military career ended due to a condition that isn’t even rated by the VA.”  

SCOPE OF REVIEW:  The Board’s scope of review is defined in DoDI 6040.44.  It is limited to those conditions determined by the Physical Evaluation Board (PEB) to be unfitting for continued military service and when specifically requested by the CI, those conditions identified by the PEB, but determined to be not unfitting.  Any conditions outside the Board’s defined scope of review and any contention not requested in this application may remain eligible for future consideration by the Board for Correction of Military Records.  Furthermore, the Board’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation.  The Board has neither the role nor the authority to compensate for post-separation progression or complications of service-connected conditions.  That role and authority is granted by Congress to the Department of Veterans Affairs, operating under a different set of laws.  The Board gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of the disability at the time of separation.  

RATING COMPARISON:  

SERVICE PEB - 20090126	VARD - 20100219	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Hearing Impairment	6100	10%	Bilateral Hearing Loss	6100	0%	20091105	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  20%	

ANALYSIS SUMMARY:  

Hearing Impairment Condition.  According to service treatment records and the medical Evaluation Board (MEB) narrative summary (NARSUM), the CI had normal hearing at accession, but showed a progressive loss while in service which was attributed to noise exposure.  Magnetic resonance imaging (MRI) of the auditory canals in September 2005 was normal.  In 2007, the CI met a medical MOS (military occupational specialty) retention board (MMRB) and was returned to duty with an H3 profile.  He continued to meet duty requirements, but with increasing difficulty as he was a communications specialist.  He was evaluated in audiology on 18 June 2008 and scored 28% on a filtered speech test (which measures the ability to process sound).  Separation was recommended.  The hearing tests in evidence proximate to separation are recorded below.  The 2006 evaluation was in audiology as routine follow-up.  The 2008 evaluation was for the MEB.  The 2009 evaluation was done by the VA.  The evaluation of the external ear and ear drum was normal at both the MEB examination on 25 September 2008 and the VA Compensation and Pension (C&P) examination on 06 November 2009, performed 7 months after separation.  

HEARING	EXAM	MEB  ~7 Mo. Pre Sep	VA C&P ~7 Mo. After Sep	
LEFT EAR	Average Hearing Loss	61 dB	50 dB	
	Speech Discrimination	---	92%	
	Table VI / VIa	IV	I / III	
RIGHT EAR	Average Hearing  Loss	48 dB	85 dB	
	Speech Discrimination 	---	96%	
	Table VI / VIa	II	III / IX	
§4.85 RATING	Table VII	10%	0%	
(Average hearing loss is the sum of pure tone thresholds at 1000, 2000, 3000, and 4000 Hz divided by four

The Board directed its attention to its rating recommendation based on the above evidence.  The Board first considered if an exceptional pattern of hearing impairment existed as per VASRD §4.86, but neither criterion (a) nor (b) was met.  The MEB evaluation supports a 10% rating which the PEB adjudicated, coded 6100 (hearing loss).  The VA examination supports a 0%, which the VA adjudicated, also coded 6100.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board concluded that there was insufficient cause to recommend a change in the PEB adjudication for the bilateral hearing loss condition.  

BOARD FINDINGS:  In the matter of the hearing loss condition and IAW VASRD §4.85, the Board unanimously recommends no change in the PEB adjudication.  There were no other conditions within the Board’s scope of review for consideration.  

The Board, therefore, recommends that there be no re-characterization of the CI’s disability and separation determination.  

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20140219, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

SAMR-RB						

MEMORANDUM FOR Commander, US Army Physical Disability Agency 
(AHRC-DO), 2900 Crystal Drive, Suite 300, Arlington, VA  22202-3557  

SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation for XXXXXXXXXXXXXXXXXX, AR20160005807 (PD201400836)

I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR) recommendation and record of proceedings pertaining to the subject individual.  Under the authority of Title 10, United States Code, section 1554a,   I accept the Board’s recommendation and hereby deny the individual’s application.  
This decision is final.  The individual concerned, counsel (if any), and any Members of Congress who have shown interest in this application have been notified of this decision by mail.

 BY ORDER OF THE SECRETARY OF THE ARMY:

Enclosure

CF: 
(  ) DoD PDBR
(  ) DVA