RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXX		CASE: PD-2017-03937 BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20050609

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

CI CONTENTION: Review requested of additional conditions not identified by the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB). 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 PEB to be unfitting for continued military service, and when specifically requested by the CI, those conditions identified by the 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 - 20050303	VARD - 20050610	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Bilateral Hearing Loss	6100	0%	Bilateral Hearing Loss	6100	0%	20050315	
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 bilateral hearing loss began in December 1999 after a rocket propelled grenade explosion. An April 2004 audiometry test showed excellent speech discrimination in both ears with moderate right and severe left high frequency hearing loss. The 10 January 2005 MEB NARSUM examination, 5 months prior to separation, noted complaints of tinnitus (ringing), and physical examination showed clear ear canals bilaterally with intact membranes.

At the 15 March 2005 VA Compensation and Pension (C&P) examination, 3 months before separation, the CI  reported tinnitus in both ears.        Audiometry results  showed 100% speech

discrimination bilaterally but mild, high frequency hearing loss in the right ear at 4000Hz and severe high frequency hearing loss on the left. Puretone decibel loss was 16 on the right and 25 on the left.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the bilateral hearing loss 0%, coded 6100 (loss of auditory acuity.) The VA also rated the bilateral hearing loss 0%, coded 6100, based on the C&P examination. Panel members noted that based on the VASRD hearing tables, there is no higher rating than the 0% adjudicated by the PEB. 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, 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:

PD-2017-03937 

AR20190012685, XXXXXXXXXXXXXXXXXXXX 

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.

PD-2017-03937

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