RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00551
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20040924

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E3, Communications Specialist, medically separated for “neurosensory high frequency hearing loss” with a disability rating of 0%.

CI CONTENTION:  The CI made no specific contention.  The complete submission is at Exhibit A.  

SCOPE OF REVIEW:  The panel’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 panel’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 panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The panel’s assessment of the PEB rating determinations is based on 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 panel 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 panel 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 - 20040721	VARD - 20050105	
Condition	Code	Rating	Condition	Code	Rating	Exam	
High Frequency Hearing Loss 	6100	0%	Bilateral Hearing Loss	6100	0%	STR	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Neurosensory High Frequency Hearing Loss.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI was noted to have “significant” hearing loss in his right ear at service entry (details not in evidence), and experienced worsening hearing loss commencing with weapons qualification in basic training.  Despite adequate hearing protection he was unable to tolerate continued range exposure without further damage, and met Army guidelines for separation based on the health risk and length of service.  

The 24 May 2004 NARSUM examination, 4 months before separation, documented the above history and a normal physical examination.  

Audiometry conducted for the MEB by an audiology consultant on 5 December 2003 is charted below.
Threshold (Hz) →	1000	2000	3000	4000	Average	Speech
Discrimination	§4.85 Rating	
Right	30	30	65	80	51	92-100%*	0%	
Left	15	5	35	45	53	92-100%*		
            * Derived from “excellent” per MEB audiologist and measured 94% bilaterally by the VA in January 2011.
The original VA C&P was incomplete and relied on the STR; therefore, there was no temporally probative post-separation evidence in this case.  The first VA hearing examination was over 6 years after separation and the results were similar to those from the MEB.

The panel directed attention to its rating recommendation based on the above evidence.  The VASRD §4.85 rating schedule for hearing impairment is completely objective and derived from audiometric testing.  It is based on the average puretone threshold across hearing ranges, and accommodates for measured speech discrimination.  The audiometric evidence in this case yields an unequivocal 0% rating based on the requisite §4.85 criteria.

After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded that there was insufficient cause to recommend a change in the PEB adjudication of the bilateral hearing loss.

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

The panel, 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 20150602, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

AR20170006515, XXXXXXXXXXXXXXXXXX 

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Dear XXXXXXXXXXXXXXXXXX:

	The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found your separation disability rating and your separation from the Army for disability with severance pay to be accurate.  I have reviewed the Board’s recommendation and record of proceedings (copy enclosed), and I accept its recommendation.  I regret to inform you that your application to the DoD PDBR is denied.  

	This decision is final.  Recourse within the Department of Defense or the Department of the Army is exhausted; however, you have the option to seek relief by filing suit in a court of appropriate jurisdiction.

Sincerely,					       
						      					
Enclosure