RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  MARINE CORPS 
SEPARATION DATE:  20021130 

 
NAME:  XX 
CASE NUMBER:  PD1200833 
BOARD DATE:  20130117 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  SGT/E-5  (0311/Rifleman),  medically  separated  for 
profound  bilateral  hearing  loss  in  the  high  frequency  ranges.    The  CI  was  issued  permanent 
bilateral  hearing  aids,  placed  on  limited  duty  (LIMDU)  and  referred  for  a  Medical  Evaluation 
Board (MEB).  Noise-induced hearing loss was forwarded to the Physical Evaluation Board (PEB) 
IAW SECNAVINST 1850.4E.  No other conditions appeared on the MEB’s submission.  The PEB 
adjudicated the bilateral sensorineural hearing loss (SNHL) condition as unfitting, rated 0% with 
application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).  The CI made no 
appeals, and was medically separated with a 0% disability rating.   
 
 
CI  CONTENTION:    “Have  to  have  equipt.  to  work  with  for  hearg  (sic).    Currently  not  able  to 
perform  certain  tasks  due  to  ovscultation  (sic)  of  lungs.    Counseling  because  of  anger 
management, cant taste sour food where tongue bit off.  Cannot sleep, take meds for this.  6th 
job  since  discharge  due  to  anger/aggressive  nature.    Lightheaded,  dizzy  feeling  occasionally 
since  fall  at  Parris  Island  repel  tower.    L  arm  will  not  go  overhead  when  trapzius  muscle 
tightness.  It is a knot easily felt.  Permanent scare (sic) over tongue where re-attached.” 
 
 
SCOPE OF REVIEW:  The Board wishes to clarify that the scope of its review as defined in DoDI 
6040.44, Enclosure 3, paragraph 5.e. (2) is limited to those conditions which were determined 
by the PEB to be specifically unfitting for continued military service; or, when requested by the 
CI, those condition(s) “identified but not determined to be unfitting by the PEB.”  The ratings 
for unfitting conditions will be reviewed in all cases.  The other requested conditions are not 
within the Board’s purview.  Any conditions or contention not requested in this application, or 
otherwise outside the Board’s defined scope of review, remain eligible for future consideration 
by the Board for Correction of Naval Records. 
 
 
RATING COMPARISON:   
 

VA (At Separation) – All Effective Date 20021201 
Condition 
Hearing Loss, Bilateral 
Tinnitus 
0% X 1 / Not Service-Connected x 5 
Combined:  10% 

Service IPEB – Dated 20020919 
Condition 
Profound Bilateral Hearing 
Loss 
↓No Additional MEB/PEB Entries↓ 
Combined:  0% 
*The CI failed to appear for his scheduled VA Compensation and Pension Exam.  
 
ANALYSIS  SUMMARY:    The  Board  acknowledges  the  CI's  contention  suggesting  that  ratings 
should have been conferred for other conditions documented at the time of separation and for 
conditions  not  diagnosed  while  in  the  service.    While  the  Disability  Evaluation  System  (DES) 
considers all of the member's medical conditions, compensation can only be offered for those 
medical conditions that cut short a member’s career, and then only to the degree of severity 
present at the time of final disposition.  The Department of Veterans Affairs (DVA), however, is 

Exam 
STR* 
STR* 
STR* 

Rating 
0% 
10% 

Code 
6100 

Rating 
0% 

Code 
6100 
6260 

empowered to compensate service-connected conditions and periodically re-evaluate them for 
the purpose of adjusting the Veteran’s disability rating should the degree of impairment vary 
over time.    
 
Sensorineural Hearing Loss.  The CI had some hearing loss prior to enlistment which worsened 
during his military career.  He had a full evaluation by audiometry, ear nose and throat, and was 
diagnosed  with  mild  to  severe  bilateral  SNHL.    He  was  advised  not  to  work  in  a  noisy 
environment and to use permanent bilateral hearing aids.  He tried unsuccessfully to change his 
Military  Occupational  Specialty  but  was  referred  to  a  MEB.    The  non-medical  assessment 
corroborated his hearing condition and further recommended placement on permanent LIMDU 
if found unfit.  The MEB physical exam demonstrated the wearing of bilateral hearing aids and 
there was no trouble hearing a normal conversation.  There CI failed to report for a scheduled 
VA  examination.    There  was  one  audio  logical  evaluation,  including  pure  tone  audiograms, 
proximate  to  separation,  which  the  Board  weighed  in  arriving  at  its  rating  recommendation.  
This exam is summarized in the chart below. 
 

500 

1000 

3000 

4000 

Audiometric 
2000 
Threshold (Hz) → 
MEB Audio ~5 Mos. Pre-Sep (20020412) 
30 
Right 
Left 
40 

10 
10 

15 
15 

65 
85 

70 
85 

70 
90 

600
0 

See next chart 

 

HEARING 
LEFT EAR 

 RIGHT EAR 

§4.85 RATING  

EXAM 
MEB  ~5 Mo. Pre Sep 
Average Hearing Loss 
59 dB 
Speech Discrimination 
92% 
Table VI / VIa 
II 
Average Hearing  Loss 
45 dB 
Speech Discrimination   88% 
Table VI / VIa 
Table VII 

I 
0% 

(Average hearing loss is the sum of pure tone thresholds at 1000, 2000, 3000, and 4000 Hz divided by four) 

 
The Board directs attention to its rating recommendation based on the above evidence.  The 
VASRD §4.85 rating schedule for hearing impairment is completely objective and derived from 
audiometric testing.  It is based on average pure tone threshold across the hearing ranges, and 
accommodates  for  measured  speech  discrimination.    The  charted  result  of  the  audiometric 
evidence  in  this  case  yields  an  unequivocal  0%  rating.    The  Board  acknowledges  the  VA 
transcribed  higher  numeric  values  for  the  3000  Hz  and  4000  Hz  thresholds  from  the  service 
record but notes even with use of these higher numbers the rating did not meet criteria above 
a 0% rating.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 
(Resolution  of  reasonable  doubt),  the  Board  concluded  that  there  was  insufficient  cause  to 
recommend a change in the PEB adjudication for the bilateral hearing loss condition. 
 
 
BOARD FINDINGS:  IAW DoDI 6040.44, provisions of DoD or Military Department regulations or 
guidelines relied upon by the PEB will not be considered by the Board to the extent they were 
inconsistent  with  the  VASRD  in  effect  at  the  time  of  the  adjudication.    The  Board  did  not 
surmise  from  the  record  or  PEB  ruling  in  this  case  that  any  prerogatives  outside  the  VASRD 
were exercised.  In the matter of the bilateral hearing loss condition and IAW VASRD §4.85, the 
Board  unanimously  recommends  no  change  in  the  PEB  adjudication.    There  were  no  other 
conditions within the Board’s scope of review for consideration.   
 

   2                                                           PD1200833 
 

RECOMMENDATION:  The Board, therefore, recommends that there be no recharacterization of 
the CI’s disability and separation determination, as follows:   
 

UNFITTING CONDITION 
Profound Bilateral Hearing Loss 

VASRD CODE  RATING 
6100 
COMBINED 

0% 
0% 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120606, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 
 

 

          xx 
           Director 
           Physical Disability Board of Review 

   3                                                           PD1200833 
 

MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL OF REVIEW  
                                        BOARDS  

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS 

Ref:   (a) DoDI 6040.44 

             (b) CORB ltr dtd 21 Feb 13 
 

      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for 
the reasons provided in their forwarding memorandum, approve the recommendations of the PDBR 
that the following individual’s records not be corrected to reflect a change in either characterization 
of separation or in the disability rating previously assigned by the Department of the Navy’s 
Physical Evaluation Board: 
 
 
 
 
 

 
 
 
 

 

 

     
 
 
 
 
 
 

-  former USN  
-  former USN  
-  former USMC 
-  former USN   
-  former USMC 
-  former USN  
-  former USN   
-  former USN 
-  former USMC 
-  former USMC 
-  former USMC 
-  former USMC 
 
  

 
      
 

 
 
 

 
 
 

 
 
 

 
 
 

  xxxx 
  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

   4                                                           PD1200833