RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-05795 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20050715

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E2, Special Communications Signals Collection Operator/Analyst, medically separated for “traumatic hearing loss” and “vertigo,” rated 10% each, with a combined disability rating of 20%.

CI CONTENTION: In addition to the hearing loss and vertigo, review of additional conditions not identified by the Medical Evaluation Board (MEB) and/or Physical Evaluation Board (PEB) was requested. 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 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 - 20050305	VARD - 20060415	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Vertigo	6204	10%	Paroxysmal Vertigo	8207	10%	20060308	
Traumatic Hearing Loss	6100	10%	
Right Ear Hearing Loss	
6100	
10%	
20060308	
Status Post Tympanomastoidectomy and Obliteration	Cat II					
COMBINED RATING: 20%	COMBINED RATING OF ALL VA CONDITIONS: 40%	

ANALYSIS SUMMARY:

Traumatic Hearing Loss. According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI underwent tympanomastoidectomy in August 2004 with middle ear space obliteration after a shrapnel injury to the right ear while deployed. The 27 October 2004 MEB NARSUM examination, 9 months prior to separation, revealed a large curved surgical scar on the right mastoid and an obliterated right ear canal. At the 17 October 2005 neuro-otology examination, 3 months after separation, the examiner noted moderate bone conduction in the right ear which may have permitted use of a bone anchored hearing aid. At the 8 March 2006 VA audiology examination, 8 months after separation, the CI reported right ear hearing loss. Pure tone thresholds averaged 105+ in the right ear.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the hearing loss 10%, coded 6100 (hearing loss), and listed “status post tympanomastoidectomy and obliteration for total hearing loss” as a related Category II condition (contributes to the primary unfitting condition but not separately ratable). However, panel members agreed this related condition was properly subsumed under the hearing loss to avoid pyramiding (VARSD §4.14). The VA rated the hearing loss 10%, coded 6100, based on the C&P examination, citing objective testing. 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.

Vertigo. According to the STR and MEB NARSUM, the CI experienced “mild-moderate vertigo with rapid head motion” after the ear surgery in August 2004. At the 8 March 2006 VA C&P neurology examination, 8 months after separation, the CI reported dizziness and vertigo. The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the vertigo 10%, coded 6204 (peripheral vestibular disorders). The VA also rated the vertigo 10%, but coded 8207 (paralysis of the seventh (facial) cranial nerve), based on the C&P examination, citing moderate “incomplete paralysis of the facial nerve.” There was no evidence of dizziness with occasional staggering to support a 30% rating under code 6204. Panel members also considered a higher rating under code 8207, however, there was no evidence of “severe” incomplete facial nerve paralysis. 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 vertigo.

BOARD FINDINGS: In the matter of the hearing loss and IAW VASRD §4.85, the panel recommends no change in the PEB adjudication. In the matter of the vertigo 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.

2	PD-2017-05795

DEPARTMENT OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD, DC 20374-5023

IN REPLY REFER TO:
1850
CORB: 003
10 Sep 20

From: Director, Secretary of the Navy Council of Review Boards To:	XXXXXXXXXXXXX

Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44
1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation to the Department of the Navy on 13 Aug 2020 for appropriate action.

2.	On 27 August 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR of no change to your characterization of separation or disability rating assigned by the Department of the Navy's Physical Evaluation Board.

3.	The Secretary's decision on your PDBR application is final and is not subject to appeal or additional review by the Board for Correction of Naval Records.