RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXX	CASE:  PD-2014-01200
BRANCH OF SERVICE:  Army  	BOARD DATE:  20150515
SEPARATION DATE:  20090301

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E-4 (M1 Armor Crewman) medically separated for a bilateral hearing loss condition.  The condition could not be adequately rehabilitated to meet the physical requirements of his Military Occupational Specialty (MOS).  He was issued a permanent H3 profile and referred for a Medical Evaluation Board (MEB).  The MEB forwarded “bilateral flat sensorineural loss,” to the Physical Evaluation Board (PEB) IAW AR 40-501.  No other conditions were forwarded for adjudication.  The Informal PEB adjudicated “hearing loss, bilateral,” as unfitting, rated 0%, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).  The CI made no appeals and was medically separated.  

CI CONTENTION:  His condition continues to worsen and negatively impact his daily activities.  His complete submission is at Exhibit A.

SCOPE OF REVIEW:  The Board’s scope of review is defined in DoDI 6040.44, Enclosure 3, paragraph 5.e. (2).  It is limited to those conditions determined by the 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/Naval 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 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:  

IPEB – Dated 20081107	VA* - (~10 Mos. Post-Separation)  	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Bilateral Hearing Loss	6100	0%	Bilateral Hearing Loss	6100	0%	20040705	
Other x 0 (Not In Scope)	Other x 1	
RATING:  0%	RATING:  0%	
*Derived from VA Rating Decision (VARD) dated 20100522 (most proximate to date of separation (DOS).

ANALYSIS SUMMARY:  

Bilateral Hearing Loss.  The service treatment record summarized that the CI had bilateral hearing loss prior to active duty that was waivered for service entry in August 2006.  He was employed in the armory and was routinely exposed to hazardous noise within his MOS.  He admits to always wearing ear protection with noise exposure.  After failing a screening audiogram, the CI was referred to Audiology and diagnosed with a bilateral sensorineural hearing loss.  His entry audiogram was dated 19 September 2005 and his latest reference audiogram was dated 18 June 2008.  On 12 September 2008, he was issued an H4 profile and referred to a MEB.  The results of his audiology evaluations are summarized in the chart below.

HEARING	EXAM	MEB ~ 6 mo. pre sep (20080908)	VA C&P ~ 14 mo. post sep (20100505)	
LEFT EAR	Average Hearing Loss	44 dB	48 dB	
	Speech Discrimination	90%	96%	
	Table VI / VIa	II/II	I/II	
RIGHT EAR	Average Hearing  Loss	38dB	43 dB	
	Speech Discrimination	90%	92%	
	Table VI / VIa	II/I	I/II	
§4.85 RATING	Table VII	0%	0%	
(Average HL = the sum of pure tone thresholds at 1K, 2K, 3K 
and 4K Hertz divided by four)
                  
The Board directed attention to its rating recommendation based on the above evidence.  Both the PEB and VA coded the hearing loss condition under 6100 with ratings of 0% citing no compensable hearing loss.  The VASRD §4.85 rating schedule for hearing impairment is completely objective and derived from audiometric testing.  It is based on average pure tone thresholds across the hearing frequency ranges and accommodates for measured speech discrimination.  The charted results of the audiometric evidence in this case yields unequivocal 0% ratings for all sets of data, both before and after separation.  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:  IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent with the VASRD in effect at the time of the adjudication.  The Board did not surmise from the record or PEB ruling in this case that any prerogatives outside the VASRD were exercised.  In the matter of the bilateral 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. 

RECOMMENDATION:  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 20140304, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

XXXXXXXXXXXXXXXXXXXX
President
Physical Disability Board of Review

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 XXXXXXXXXXXXXXXXXXXX, AR20150015745 (PD201401200)

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:

Encl						     XXXXXXXXXXXXXXXXXXXX
						     Deputy Assistant Secretary of the Army
						          (Review Boards)
						         
CF: 
(  ) DoD PDBR
(  ) DVA