RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-00742
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20090830

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

CI CONTENTION:  No specific contention was made.  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 - 20090522	VARD - 20100429	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Hearing Loss, Bilateral	6100	0%	Hearing Loss	6100	0%	20091106	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Bilateral Hearing Loss.  According to the service treatment record and MEB narrative summary (NARSUM), the CI’s hearing loss began in 2007 with exposure to IEDs and rapid weapons fire during an ambush while deployed.  He and others began to notice that he had to ask people to repeat themselves, and routine hearing tests identified significant hearing loss.  Physical examination of the ears and an MRI of the auditory canals were normal.  An audiogram performed on 26 February 2009 showed average pure tone loss in the right ear of 48.75 decibels (dB) and 50 dB in the left ear.  Speech discrimination was 96% in both ears.  
During the 15 April 2009 MEB NARSUM examination, 4 months prior to separation, the CI reported wearing bilateral hearing aids daily.  Separation from the military was recommended in order to protect him from further hearing loss.  

At the 16 November 2009 VA Compensation and Pension (C&P) examination, 2 months after separation, the CI reported bilateral hearing loss with tinnitus (ringing in ears).  An audiogram showed average pure tone loss in the right ear of 46.25 dB and 48.75 dB in the left ear.  Speech discrimination was 100% in both ears.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the hearing loss 0%, coded 6100 (hearing loss), citing VASRD §4.85.  The VA also rated the hearing loss 0%, coded 6100, based on the C&P examination.  In accordance with VASRD §4.85 (evaluation of hearing impairment), the numeric designation of hearing impairment based on pure tone threshold average is determined by intersecting the percent of speech discrimination row with the pure tone threshold average column in Table VI.  Using either the MEB or C&P audiograms, this is I for the right ear and I for the left ear.  Referring to Table VII (percentage evaluation for hearing impairment), the intersection of these two numeric designations of I provides a 0% rating for hearing impairment.  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 hearing loss.  

BOARD FINDINGS:  In the matter of the bilateral hearing loss and IAW VASRD §4.85, 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.  

AR20180011591, 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.