RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: BRANCH OF SERVICE: AIR FORCE
CASE NUMBER: PD0900171 COMPONENT: ACTIVE
BOARD DATE: 20090610 SEPARATION DATE: 20070904
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SUMMARY OF CASE: This covered individual (CI) was an Air Force Capt Health Services Administrator medically separated in 2007 after fourteen years of service, nine of which were enlisted. He was diagnosed with diabetes in June 2006 and was initially treated with oral medication. However, this did not control his blood sugar and he started insulin therapy in early 2007. He developed bilateral cataracts which were felt to be directly related to his diabetes and a sign of more severe disease. He had bilateral cataract surgery with no visual problems afterward. The Air Force Physical Evaluation Board (PEB) found him unfit for continued service and he was separated with a 20% disability rating for 7913 Diabetes Mellitus using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force regulations. Using an evaluation done five months after separation from the Air Force, the Veterans Administration (VA) rated his disability at a combined 60%. This included 20% for 7913 Diabetes Mellitus, 30% for 6029 Aphakia (status-post cataract surgery), 10% for 5099-5019 left knee patellofemoral syndrome, 10% for 6260 bilateral tinnitus, and 0% for 7101 Hypertension. The CI contends he deserves a medical retirement since his intentions were to complete a twenty year service to the Air Force.
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. After careful consideration of all available information, the Board concluded that the CI’s condition is appropriately rated at 40% under VASRD 7913 Diabetes Mellitus. This rating is based on the severity of the CI’s condition of diabetes mellitus with complications at the time of separation from service. Although his cataracts were a result of his diabetes, he had no unfitting visual condition after his cataract surgery and the Board did not rate his aphakia as an unfitting condition. The CI did require insulin and restricted diet and therefore clearly met the criteria for a 20% rating for 7913 Diabetes Mellitus. He did not require regulation of his activities which is an additional requirement for a 40% rating. However, his history of cataract surgery is a complication that would not be compensable if separately evaluated (because the aphakia is not unfitting) and this is an element of the 60% rating. The Board opined his overall condition and level of disability warranted an evaluation somewhere between the 20% and the 40% rating. The Board decided his overall disability more nearly approximated the criteria for a 40% rating and assigned this rating in accordance with paragraph 4.7 of the VASRD.
Although the CI did not contend that the other conditions rated by the VA should also be rated, the Board examined these conditions and did not find any to be separately unfitting.
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RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of his prior medical separation.
| Unfitting Condition | VASRD Code | Rating |
|---|---|---|
| Diabetes Mellitus | 7913 | 40% |
| Combined | 40% |
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The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20090217, w/atchs.
Exhibit B. Service Treatment Record.
Exhibit C. Department of Veteran's Affairs Treatment Record.
President
Physical Disability Board of Review
SAF/MRB
1535 Command Drive, Suite E-302
Andrews AFB, MD 20762-7002
Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2009-00171.
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 not appropriate under the guidelines of the Veterans Administration Schedule for Rating Disabilities. Accordingly, the Board recommended your separation be recharacterized to reflect disability retirement, rather than separation with severance pay.
I have carefully reviewed the evidence of record and the recommendation of the Board. I concur with that finding, accept their recommendation and determined that your records should be corrected accordingly. The office responsible for making the correction will inform you when your records have been changed.
As a result of the aforementioned correction, you are entitled by law to elect coverage under the Survivor Benefit Plan (SBP). Upon receipt of this letter, you must contact the Air Force Personnel Center at 1-800-531-7502 to make arrangements to obtain an SBP briefing prior to rendering an election. If a valid election is not received within 30 days from the date of this letter, you will not be enrolled in the SBP program. Unless at the time of your separation, you were married or had an eligible dependent child, in such a case, failure to render an election will result in automatic enrollment.
Director
Air Force Review Boards Agency
Attachment:
Record of Proceedings
cc:
SAF/MRBR
DFAS-IN
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RATING COMPARISON : Service IPEB – Dated 20020207VA -( 99Months Post-Separation)ConditionCodeRatingConditionCodeRatingExam Diabetes Mellitus791320%Diabetes Mellitus791320%20100722Other x 0 (Not in Scope)Other x 5 Rating: 20%Combined: 20%Derived from VA Rating Decision (VARD)dated 20100908. The PEB and VA rated the condition at 20% for requiring insulin and restricted diet. DoD Physical Disability Board of Review