RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXX	CASE:  PD-2014-02114
BRANCH OF SERVICE:  Army	BOARD DATE:  20150210
SEPARATION DATE:  20040402

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E-3 (Infantryman) medically separated for hearing loss.  The condition could not be adequately rehabilitated to meet the physical requirements of his Military Occupational Specialty.  He was issued a permanent H3 profile and referred for a Medical Evaluation Board (MEB).  The “mildly to moderately severe high-frequency sensorineural hearing loss bilaterally” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.  No other condition was submitted by the MEB.  The Informal PEB adjudicated bilateral sensory neural hearing as unfitting, rated 0%, with likely application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).  The CI made no appeals and was medically separated.

CI CONTENTION:  “Please consider all conditions.”

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 20040212	VA* - (~1 Mos. Pre/Post-Separation)	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Bilateral Sensory Neural Hearing Loss…	6100	0%	Bilateral Hearing Loss	6100	0%	20040325	
Other x 0 (Not In Scope)	Other x 5 (equals SC, NSC & deferred)	
RATING:  0%	RATING:  10%	
*Derived from VA Rating Decision (VARD) dated 20040503 (most proximate to date of separation (DOS)).

ANALYSIS SUMMARY:

Bilateral Sensory Neural Hearing Loss Condition.  The CI was issued a permanent H3 profile and underwent an MEB in accordance with Army regulations (AR 40-501) leading to disability discharge.  Results of audiometric evaluations are displayed in the chart below:

HEARING	EXAM	MEB  ~6 Mo. Pre Sep	VA C&P ~1 Mo. Before Sep	
LEFT EAR	Average Hearing Loss	29 dB	20 dB	
	Speech Discrimination	95%	100%	
	Table VI / VIa	  I / I	 I / I	
RIGHT EAR	Average Hearing  Loss	 30 dB	 25 dB	
	Speech Discrimination 	100%	100%	
	Table VI / VIa	 I / I	   I / I	
§4.85 RATING	Table VII	0%	0%	

The Board directed its attention to its rating recommendation based on the above evidence.  Both the PEB and the VA rated the hearing loss 0% (coded 6100).  Application of VASRD §4.85 (evaluation of hearing impairment) for both the MEB and C&P examinations yields a 0% rating.  Although the alternate rating approach in §4.86a does not apply, rating using the alternate Table VIa does not result in a higher rating.  All evidence considered there is not reasonable doubt in the CI’s favor supporting a change from the PEB’s rating decision for the 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.  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.

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 20140512, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

XXXXXXXXXXXXXXX
President
DoD 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 XXXXXXXXXXXXXXX, AR20150010552 (PD201402114)

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