RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXX	CASE:  PD-2017-05179
BRANCH OF SERVICE:  Air Force 	SEPARATION DATE:  20060821

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Aerospace Maintenance Journeyman, medically separated for “hearing loss right ear” with a disability rating of 10%.   

CI CONTENTION:  In addition to the unfitting condition, the CI requested review of 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 – 20060608	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Right Ear Hearing Loss	6299-6202	10%	No VA Examination Proximate to Separation in Evidence	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  NA	

ANALYSIS SUMMARY:  

Right Ear Hearing Loss.  According to the service treatment record and MEB narrative summary (NARSUM), the CI’s unilateral hearing loss was identified in August 2005 during an annual audiometry examination.  The CI was found to have global frequency hearing loss to the right ear.  He had a 15 January 2003 service entry audiogram; the latest reference audiogram was dated 15 August 2005.  On 9 March 2006, he was issued an H4 profile and referred to an MEB.  At the 6 April 2006 MEB NARSUM examination, 5 months prior to separation, the CI’s chief complaint noted the recent diagnosis of profound sensorineural hearing loss in the right ear.  A general physical examination was normal. The results of the CI’s audiology evaluations are summarized in the chart below. Although there was no VA examination proximal to separation, the results of the examination well remote past the CI’s separation date, are charted below for comparative information only.  

HEARING	EXAM	MEB  ~5 Mo. Pre Sep	VA C&P ~20 Mo. After Sep	
LEFT EAR	Average Hearing Loss	 11 dB	19 dB	
	Speech Discrimination	100%	96%	
	Table VI / VIa	I / I	I / I	
RIGHT EAR	Average Hearing  Loss	105 dB	105 dB	
	Speech Discrimination 	Could Not Test	0%	
	Table VI / VIa	XI / XI	XI / XI	
§4.85 RATING	Table VII	10%	10%	
(Average hearing loss is 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 PEB rated the right ear hearing loss condition 10%, analogously coded 6299-6202 (otosclerosis).  The VASRD §4.85 rating schedule for hearing impairment is completely objective and derived from audiometric testing.  It is based on average pure tone thresholds across the hearing frequency ranges and accommodates for measured speech discrimination.  The above-charted results of the audiometric evidence in this case yields unequivocal 10% ratings for both the pre-separation examination as well as the remote (information-only) post-separation VA examination.  Therefore, 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 unilateral hearing loss condition.  

BOARD FINDINGS:  In the matter of the unilateral hearing loss condition and IAW VASRD §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.  

SAF/MRB
1500 West Perimeter Road, Suite 3700
Joint Base Andrews, MD 20762

Dear XXXXXXXXXX:

		Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2017-05179.

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 appropriate.  Accordingly, the Board recommended no re-characterization or modification of your separation.

I have carefully reviewed the evidence of record and the recommendation of the Board.  I concur with that finding and their conclusion that re-characterization of your separation is not warranted.  Accordingly, I accept their recommendation that your application be denied.