RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2014-03674
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20070527

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty, E4, Infantryman, medically separated for “bilateral noise induced hearing loss” with a combined disability rating of 0%.

CI CONTENTION:  The CI contends the rating for hearing loss and tinnitus were incorrect.  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 - 20070223	VARD - 20070417	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Bilateral Noise Induced Hearing Loss	6100	0%	Bilateral Hearing Loss	6100	10%	20070122	
			Bilateral Tinnitus	6260	10%		
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  20%	

ANALYSIS SUMMARY:  

Bilateral Noise Induced Hearing Loss. According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s hearing loss condition began in began while deployed to Afghanistan from July 2005 to March 2006.  Despite treatment, the hearing loss condition could not be adequately rehabilitated to meet the physical requirements of the CI’s military specialty and the CI was referred for a MEB.  At the MEB NARSUM examination dated November 2006, 6 months prior to separation, the CI reported the CI reported persistent hearing loss and tinnitus.  Physical examination was normal except for an areas of hyperpigmented skin.  The VA Compensation and Pension (C&P) audiology examination in January 2007, recorded speech discrimination of 68% at 70 dBHL and 82% at 75 DBHL for the right ear and 84% at 70 dBHL and 88% at 75 dBHL for the left ear.  The pure tone threshold average was 47.5 for the right and 33.75 for the left.  Audiology testing results dated 2 February 2007, 3 months prior to separation, are documented in the chart below.

HEARING	EXAM	VA C&P ~4 Mo. Pre Sep	MEB  ~3 Mo. Pre Sep 	
LEFT EAR	Average Hearing Loss	33.75 dB	43 dB	
	Speech Discrimination	82%	84%	
	Table VI / VIa	III / I	II / II	
RIGHT EAR	Average Hearing  Loss	47.5 dB	54 dB	
	Speech Discrimination 	68%	80%	
	Table VI / VIa	IV / V	IV/ III	
§4.85 RATING	Table VII	0%	0%	
(Average hearing loss is the sum of pure tone thresholds at 1000, 2000, 3000, and 4000 Hz divided by four)

The Board directed attention to its rating recommendation based on the above evidence.  The PEB assigned a 0% rating under the 6100 code (Hearing loss), citing “hearing loss based on the pure tone threshold average, right 54, left 43, and speech discrimination scores.”  The VA assigned a 10% rating using the 6100 code (Hearing loss) based on the VA C&P audiology examination 4 months before separation, citing “degree of hearing impairment based on objective testing.” The VA assigned an additional 10% rating using the 6260 code (Tinnitus, recurrent) citing “recurrent tinnitus.”  The Board noted that neither the utilization of VASRD Table VI nor Table VIa would result in a higher than 0% rating.  There was not any performance based evidence that the tinnitus condition was unfitting and therefore; it is not ratable.  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 bilateral hearing loss condition and IAW VASRD §4.71a, the Board unanimously or majority 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 20140801, with attachments
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

SAMR-RB						

MEMORANDUM FOR Commander

SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation for 
XXXXXXXXXXXXXXXXXX, AR20160016450 (PD201403674)

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