RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXXX	CASE:  PD-2017-04064
BRANCH OF SERVICE:  Air Force 	SEPARATION DATE:  20081114

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E6, Vehicle Operations Craftsman, medically separated for “sensorineural hearing loss” 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 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 – 20080926	VARD – 20090812	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Sensorineural Hearing loss 	6100	0%	Bilateral Sensorineural Hearing loss, with Hearing Aids 	6100	10%	20090311	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  40% 	

ANALYSIS SUMMARY:  

Hearing loss.  According to the service treatment record and MEB narrative summary (NARSUM), the CI’s sensorineural HEARING LOSS condition existed prior to service but he was qualified for enlistment with an H1 profile as of 28 April 1995.  At a hearing conservation examination on 6 September 2007 the CI was identified to fail retention standards for continued military service due to hearing loss.  At an otolaryngology (ENT) examination on 22 April 2008, 7 months prior to separation, the CI reported hearing loss was getting progressively worse in both ears.  He reported difficulty understanding speech and tinnitus (ringing in the ears) that waxed and waned.  An audiogram showed a threshold average of 53.75 decibels (dB) and in the left ear of 61.25 dB.  Speech discrimination in the right ear was 96 percent and in the left ear was 92 percent.  The examiner recommended that deployment on convoy duty was not acceptable with the CI’s degree of hearing loss.  

At the 23 April 2008 MEB NARSUM examination the CI reported he had deployed previously and had no problems performing his job with bilateral hearing aids.  Without the hearing aids the CI reported he had to rely on reading lips and did not know why he had this degree of hearing loss.  Physical examination of the ears was normal.  The CI was wearing bilateral hearing aids.  Neurological examination was normal.  The MEB NARSUM examiner indicated that the CI was able to perform in his military specialty for the past 12 years and she saw no reason he could not continue to do so.  She also indicated the CI’s hearing loss may have been permanently service aggravated.  

At the 18 March 2009 VA Compensation and Pension (C&P) examination, 4 months after separation, the CI reported the military noise exposure with hearing protection as a vehicle operator and exposure to aircraft, truck engines, and gunfire.  An audiogram showed a threshold average in the right ear of 62.5 dB and in the left ear of 63.75 dB.  Speech discrimination in the right ear was 72 percent and in the left ear was 76 percent.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the hearing loss condition 0%, rating coded 6100 (hearing loss).  The VA used the same coding and rated the hearing loss condition 10% based on the C&P examination, citing medical records and the VA rating criteria.  According to VASRD §4.85 (evaluation of hearing impairment), the numeric designation of hearing impairment based on Puretone threshold average is determined by intersecting the percent of speech discrimination row with the Puretone threshold average column in Table VI.  Using the C&P audiogram, this is V for the right ear and IV for the left ear.  Referring to Table VII (percentage evaluation for hearing impairment), the intersection of these two numeric designations provides a 10% rating for hearing impairment.  The panel recommends a 10% rating for the hearing loss condition based on the C&P audiogram, which was the most proximate to separation.  After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 10% for the hearing loss condition, coded 6100.  

BOARD FINDINGS:  In the matter of the sensorineural hearing loss condition, the panel recommends a disability rating of 10%, coded 6100 IAW VASRD §4.87.  There are no other conditions within the panel’s scope of review for consideration.  

The panel recommends the CI’s prior determination be modified as follows, effective the date of medical separation:  

CONDITION	VASRD CODE	PERMANENT RATING	
Sensorineural Hearing loss	6100	10%	

SAF/MRB

Dear XXXXXXXXXX:

		Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2017-04064.

After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation system processing was not in accordance with the guidelines of the Veterans Affairs Schedule for Rating Disabilities.  Accordingly, the Board recommended modification of your assigned disability rating without re-characterization of your separation with severance pay. 

I have carefully reviewed the evidence of record and the recommendation of the Board.  I concur with that finding, accept the recommendation and direct that your records be corrected as set forth in the attached copy of a Memorandum for the Chief of Staff, United States Air Force.  This will not result in any change to your separation documents or the amount of severance pay you are entitled to.  Disability severance pay is computed the same regardless of a rating of 0, 10 or 20 percent.