RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXX	CASE:  PD-2014-01491
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20041223

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty, E1, Infantryman, medically separated for “hearing loss,” with a disability rating of 0%.

CI CONTENTION:  The CI contends he received a higher rating for his condition from the VA as well as (spine, tinnitus and PTSD) conditions not adjudicated by the MEB/PEB.  The CI’s complete submission is at Exhibit A.  

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 - 20041028	VARD - 20110526	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Sensorineural Hearing Loss	6100	0%	Hearing Loss	6100	50%	20110413	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  60%	

ANALYSIS SUMMARY:  

Hearing Loss.  According to service treatment records and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s sensorineural haring loss condition was initially noted in August 2003 as part of the hearing conservation program.  An audiogram conducted in January 2004 demonstrated moderate sensorineural hearing loss from 3-6 kHz in the right ear and a severe sensorineural hearing loss 2-8 kHz in the right ear.  Word recognition was documented at 100% @50 dB HL for the right and 72% at 69 dB HL on the left.  An audiogram in October 2004, two months prior to separation demonstrated word recognition of 90% @ 65 dB HL on the right and 84% @ 75dB on the left.  
At the VA Compensation and Pension (C&P) examination performed 65 months after separation, the CI reported difficulty in all listening situations and understanding speech especially with background noise.  Speech recognition scores on the Maryland CNC Word List were fair in the right ear at 74% and good in the left at 86%.

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the sensorineural hearing loss condition 0% coded 6100 (hearing impairment), citing application of VASRD Tables VI and VII.  The VA rated the sensorineural hearing loss condition 50% coded 6100, based on the VA C&P examination 65 months after separation, citing application of VASRD 4.86 (Exceptional patterns off hearing impairment) for the left ear which rated hearing loss based on pure tone thresholds from Tables VIa and VII.  The Board considered whether the evidence supported a higher than 0% rating.  The Board noted that the CI’s pure tone evaluations prior to separation did not meet the VASRD thresholds for a rating under Table VIa; therefore there was no avenue to a higher than 0% rating.  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 sensorineural hearing loss condition.  The Board concluded therefore that this condition could not be recommended for additional disability rating.  

BOARD FINDINGS:  In the matter of the sensorineural 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 20140320, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

SAMR-RB

28 JUL 2016

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, AR20160007293 (PD201401491)

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