RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX 	CASE:  PD-2015-01886
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20040302

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an activated Reserve E6, Motor Transport Operator, medically separated for “sensorineural 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 review of disability ratings assigned 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 or non-compensable.  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 determination 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(s) at the time of separation.  The panel has neither the role nor the authority to compensate for progression or complications of service-connected conditions after separation.  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 - 20040123	VARD - 20040520	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Sensorineural Hearing Loss	6100	0%	Bilateral Hearing Loss	6100	0%	20040420	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  0%	

ANALYSIS SUMMARY:  

Sensorineural Hearing Loss.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI suffered bilateral hearing loss which was detected coincidental to testing after a 2003 mobilization and deployment to Kuwait.  Hearing aids were required and an H3 profile was initiated.  His commander judged that he was no longer able to fulfill his duties in a combat environment; and, a Military Occupational Specialty Medical Review Board (MMRB) recommended referral to the PEB.

The 19 November 2003 NARSUM examination, 4 months before separation, documented the above history and a normal physical examination.  The examiner referred to the audiology results (4 November 2003) charted below.

A 20 April 2004 VA Compensation and Pension (C&P) examination, 7 weeks after separation, documented “only fair benefit” from the hearing aids and reported the audiology results (testing the same day) charted below.

HEARING	EXAM	MEB  ~4 Mos. Pre-Sep	VA C&P ~2 Mos. Post-Sep	
LEFT EAR	Average Hearing Loss*	45 Decibels	 46 Decibels	
	Speech Discrimination	100 %	100 %	
RIGHT EAR	Average Hearing  Loss*	 48 Decibels	 51 Decibels	
	Speech Discrimination 	100 %	100 %	
§4.85 RATING	Table VII	0 %	0 %	
                 * The sum of pure tone thresholds at 1000, 2000, 3000, and 4000 Hz divided by four.
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 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 sensorineural hearing loss and IAW VASRD §4.85, the panel unanimously recommends no change in the PEB adjudication.  There are no other conditions within the panel’s scope of review for consideration.  The panel, therefore, recommends that there be no modification or re-characterization of the CI’s disability and separation determination.  

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150701, w/attachments
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

AR20170009243, 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