RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-00366
BRANCH OF SERVICE:  Army	SEPARATION DATE:  20060628

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Armor Crewman, medically separated for “bilateral sensorineural hearing loss” with a disability rating of 0%.  

CI CONTENTION:  “Please review all conditions.”  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 Medical Evaluation Board (MEB), but determined by the PEB 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.  The panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections when appropriate.  The panel’s assessment of the PEB rating determination is based on review of medical records and all available evidence relevant to application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards for the unfitting medical condition(s) 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, which operates 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 disability at the time of separation.  

RATING COMPARISON:  

SERVICE PEB - 20060420	VARD – 20070503 & 20070925	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Bilateral Sensorineural Hearing Loss	6100	0%	Bilateral Hearing Loss	6100	0%
0%	STR
20070727	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  10% (then 60%)	

ANALYSIS SUMMARY:  

Bilateral Sensorineural Hearing Loss.  According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI’s hearing loss began in early 2004 after noise exposure during tank live fire training exercises.  While deployed to Iraq in March 2005, he was in extreme close contact with four IEDs that led to worsening of the hearing loss.  

During the 17 November 2005 MEB examination (recorded on DD Forms 2807-1 and 2808), 7 months prior to separation, the CI reported severe sensorineural hearing loss (SNHL) and use of a hearing aid.  Physical examination revealed right ear mild to moderate SNHL, with left ear moderate to severe SNHL.  The audiogram results from the 1 November 2005 audiology evaluation are summarized in the chart below.  

The 7 March 2006 MEB NARSUM examination, 4 months before separation, noted CI complaints of bilateral hearing loss.  Physical examination showed normal and mobile tympanic membranes bilaterally, with no evidence of perforation, effusion, or erythema.  The examiner referenced the 1 November 2005 audiogram and assessed moderate to severe bilateral, high frequency, SNHL and good speech discrimination (SPRINT) coinciding with an H3 profile.  

At the 7 July 2007 VA Compensation and Pension (C&P) examination, 13 months after separation, the CI reported hearing difficulty in both ears and use of hearing aids.  The audiologist found clear ear canals and intact tympanic membranes.  Audiogram results are noted in the chart below.  

The audiogram evaluations in evidence, with documentation of additional ratable criteria, which the panel weighed in arriving at its rating recommendation, showed the following:  

Audiometric Threshold (Hz) →	500	1000	2000	3000	4000	6000	Comments	§4.85/6 Rating	
Audiology ~ 8 Mo Pre-Sep		PEB 0%	
Right	30	30	35	45	45	40	39 dB Right ear; 70/96% speech
43 dB Left ear; 79/76% speech		
Left	30	35	60	75	85	70			
VA C&P ~13 Mo. Post-Sep		VA 0%	
Right	20	20	40	35	50	35	36 dB Right ear; 92% Word recognition
54 dB Left ear; 88% Word Recognition		
Left	25	20	50	70	75	65			

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the bilateral hearing loss 0%, coded 6100 (impairment of auditory acuity based on table VII).  The VA also rated the bilateral hearing loss 0%, coded 6100, initially based on the STR, then confirmed following the C&P examination, citing average decibel and SPRINT losses.  Both the STR and VA examinations supported a 0% rating IAW Table VI and VII, and there was no exceptional hearing pattern to warrant use of Table VIA.  The CI had no history of significant phonophobia, vertigo, or other evidence to support Meniere’s syndrome (endolymphatic hydrops) to justify a higher rating.  After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded there was insufficient cause to recommend a change in the PEB adjudication for the bilateral hearing loss.  

BOARD FINDINGS:  In the matter of the bilateral hearing loss and IAW VASRD §4.85 and §4.87, the panel recommends no change in the PEB adjudication.  There are no other conditions within the panel’s scope of review for consideration.  Therefore, the panel recommends 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 20170208, w/atchs  
Exhibit B.  Service Treatment Record  
Exhibit C.  Department of Veterans Affairs Record  

AR2019007278, XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

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.

A copy of this decision has been provided to the counsel you listed on your application, American Legion, 701 Clay Avenue, Waco, TX 76799-1177.