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AF | PDBR | CY2014 | PD-2014-01513
Original file (PD-2014-01513.rtf) Auto-classification: Denied
RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXXXXX    CASE: PD-2014-01513
BRANCH OF SERVICE: Army  BOARD DATE: 20141031
SEPARATION DATE: 20080627


SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E-5 (Infantry) medically separated for a bilateral hearing loss condition. The condition could not be adequately rehabilitated to meet the physical requirements of his Military Occupational Specialty. He was issued a permanent H3 profile and referred for a Medical Evaluation Board (MEB). The hearing loss condition, characterized as “sensorineural hearing loss,” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. No other conditions were submitted by the MEB. The Informal PEB adjudicated “bilateral hearing loss,” as unfitting, rated 0%, with likely application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). The CI made no appeals and was medically separated.


CI CONTENTION: “The CI elaborated no specific contention in his application.”


SCOPE OF REVIEW: The Board’s scope of review is defined in DoDI 6040.44, Enclosure 3, paragraph 5.e. (2). It is limited 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 PEB, but determined to be not unfitting. Any conditions outside the Board’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/Naval Records. Furthermore, the Board’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate. The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The Board 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, operating under a different set of laws. The Board gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of the disability at the time of separation.


RATING COMPARISON :

Service IPEB – Dated 20080318
 VA - (2 Mos. Post-Separation)
Condition
 Code Rating Condition Code Rating Exam
Bilateral Hearing Loss 6100 0% Bilateral Hearing Loss 6100 0% 20080812
Other x 0 (In Scope)
 Other x 6
Rating: 0%
 Combined: 30%
Derived from VA Rating Decision (VA RD ) dated 20090611 ( most proximate to date of separation [ DOS ] ).





ANALYSIS SUMMARY:

Bilateral Sensorineural Hearing Loss. The service treatment record (STR) and the PEB summarized that the CI had bilateral hearing loss that existed prior to service and was permanently aggravated during his military career. He was an infantryman as well as a sniper team leader and deployed to Iraq with daily combat exposure. The STR noted three separate blast concussions with two episodes including loss of consciousness. After deployment his hearing symptoms escalated and were associated with tinnitus. A diagnosis of bilateral sensorineural loss was made by audiology. His reference audiogram dated 8 November 2005 was a month after service entry. He was advised in hearing protection and precautions. In 2007 he was issued an H3 profile and referred to a Medical Retention Review Board and subsequently referred to an MEB. The results of his audiology evaluations are summarized in the chart below.

HEARING EXAM PEB’s ~ 7 mo. Pre-Sep MEB ~ 7 mo. Pre-Sep VA C&P ~ 2 mo. Post-Sep
LEFT EAR Average Hearing Loss 26dB 19 dB - dB
Speech Discrimination 96% - % 100%
Table VI / VIa I/ / I II/
RIGHT EAR Average Hearing Loss 35dB 31dB - dB
Speech Discrimination 96% -% 92%
Table VI / VIa I/ / I II/
§4.85 RATING Table VII 0% 0% 0%
(Average hearing loss = the sum of pure tone thresholds at 1 K , 2 K , 3K a nd 4K H ertz divided by four)
The Board directed 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 thresholds across the hearing frequency ranges and accommodates for measured speech discrimination. The charted results of the audiometric evidence in this case yields unequivocal 0% ratings for all sets of data, both pre- and post-separation. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (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.


RECOMMENDATION: The Board, therefore, recommends that there be no re-characterization of the CI’s disability and separation determination.








The following documentary evidence was considered:

Exhibit A. DD Form 294, dated 20140321, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record

XXXXXXXXXXXXXXX
President
DoD Physical Disability Board of Review


SAMR-RB                                                                         


MEMORANDUM FOR Commander, US Army Physical Disability Agency
(AHRC-DO), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557


SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for XXXXXXXXXXXXXXX, AR20150009555 (PD201401513)


I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR) recommendation and record of proceedings pertaining to the subject individual. Under the authority of Title 10, United States Code, section 1554a, I accept the Board’s recommendation and hereby deny the individual’s application. This decision is final. The individual concerned, counsel (if any), and any Members of Congress who have shown interest in this application have been notified of this decision by mail.

BY ORDER OF THE SECRETARY OF THE ARMY:




Encl              XXXXXXXXXXXXXXX
                           Deputy Assistant Secretary of the Army
                           (Review Boards)
                                                     
CF:
( ) DoD PDBR
( ) DVA

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