# 2021-012 Medical and Dental Care, Medical Condition

Medical Condition

Case Summary

F&R Date: 2021-07-20

The grievor explained he experiences tinnitus in both ears, causing him pain and discomfort. He reported having difficulties discerning spoken word from background noise and that, in February 2018, an audiologist speculated he might have Central Auditory Processing Disorder (CAPD). At that time, the audiologist prescribed him trial hearing aids. The grievor indicated that he experienced some improvement, but had not been able to procure his prescribed hearing aids.

The Initial Authority refused to consider the grievance because it was submitted outside of the timeline set out in the Queen's Regulations and Orders 7.06, without sufficient reasons for the delay.

As the grievor was assigned a hearing factor of H1 and his hearing did not deteriorate below the acceptable threshold set for his occupation, hearing aids were deemed not medically necessary. As such, the Committee found that, under the Spectrum of Care, the grievor was not entitled to coverage for hearing aids.

With respect to the possibility that the grievor suffers from CAPD, the Committee noted this is a neurological condition and that the grievor would need to see a neurologist to confirm the diagnosis. The Committee also observed that CAPD is considered a learning disability. If the grievor is formally diagnosed with it, the Canadian Armed Forces has a legal obligation to accommodate the grievor.

FA Decision Summary

The Director Canadian Forces Grievances Authority, acting as Final Authority (FA), agreed with the Committee's findings and recommendation not to afford the grievor redress. The FA noted that the Canadian Forces Health Services is actively working with the grievor to get an appointment with a neurologist.

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