RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: BRANCH OF SERVICE: air force
CASE NUMBER: PD0900190 COMPONENT: active
BOARD DATE: 20090625 SEPARATION DATE: 20030317
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SUMMARY OF CASE: This covered individual (CI) was an Air Force Senior Airman Aircraft Maintenance Specialist medically separated in 2003 after four and a half years of active service. He was diagnosed with diabetes mellitus type I in April 2002. With a diagnosis of diabetes he was not worldwide deployable and was referred for a fitness evaluation. The Air Force Informal Physical Evaluation Board (PEB) found him unfit for continued service and he was separated with a 20% disability rating for 7913 Diabetes mellitus type I using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force regulations. Using an evaluation done prior to separation from the Air Force, the Veterans Administration (VA) rated this disability as 7913 Diabetes mellitus type I at 40% citing a single note in the CI’s service treatment record (STR) that stated he required insulin, regulation of diet, and regulation of activities. The VA also rated 6260 Tinnitus at 10%, and 5299-5260 left and right knee patellofemoral syndrome each at 0% for a combined total of 50%. The VA had initially rated 7913 at 20% but increased this to 40% when the CI asked them to consider a note of regulation of activities in his STR. The CI noted the disparity between the Air Force and VA ratings for the diabetes and the fact that the VA also rated his tinnitus and requested a re-evaluation of his case.
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BOARD FINDINGS: IAW DoDI 6040.44, the Board used the Veteran’s Affairs Schedule of Rating Disabilities (VASRD) as the most favorable basis for rating. After careful consideration of all available information, the Board concluded that the CI’s condition is appropriately rated at a 20% for 7913 Diabetes mellitus type I. This rating is based on the requirement for insulin and regulation of diet but not regulation of activities. The board concluded there was insufficient evidence of a requirement to regulate activities. The one note in the STR stating regulation of activities is required is dated 20021206. It does not elaborate what activities need to be regulated and there is no mention of this anywhere else in the STR. There are several progress notes specifying treatment plans for diabetes as well as diabetes education and follow-up evaluations in the STR both before and after December 2002 and not a single one of these mentions any regulation of activities. Also, the Narrative Summary reviewed by the PEB was written by the same provider who wrote the December 2002 note and it did not mention any requirement for regulation of activities. The CI’s diabetes was in very good control with a hemoglobin A1C level of 5.7 in July 2002 and there was no evidence of any end organ damage at the time of separation.
The Board also examined the CI’s tinnitus and right and left patellofemoral syndromes and did not find any of these conditions to be unfitting at the time of separation.
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RECOMMENDATION: The Board recommends that there be no recharacterization of the CI’s separation.
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The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20090224, w/atchs.
Exhibit B. Service Treatment Record.
Exhibit C. Department of Veteran's Affairs Treatment Record.
SAF/MRB
1535 Command Drive, Suite E-302
Andrews AFB, MD 20762-7002
XXXXXXXXXXX
Dear XXXXXXXXX
Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2009-00190.
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 appropriate. Accordingly, the Board recommended no recharacterization or modification of your separation with severance pay.
I have carefully reviewed the evidence of record and the recommendation of the Board. I concur with that finding and their conclusion that recharacterization of your separation is not warranted. Accordingly, I accept their recommendation that your application be denied.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
Attachment:
Record of Proceedings
cc:
SAF/MRBR
AF | PDBR | CY2009 | PD2009-00171
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. This rating is based on the severity of the CI’s condition of diabetes mellitus with complications at the time of separation from service. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2011 | PD2011-00783
The PEB and VA both rated the diabetes condition under VASRD code 7913, diabetes mellitus, but at different ratings. There was no evidence in the service treatment records that indicated medical restriction of normal activities including athletic was required. The PEB and VA both rated the condition 0% code 6200, chronic right mastoiditis.
AF | PDBR | CY2013 | PD 2013 00912
No other conditions were submitted by the MEB.The PEB adjudicated “diabetes mellitus”as unfitting and rated it20%, with likely application of the VA Schedule for Rating Disabilities (VASRD).The CI made no appeals and was medically separated. The Board evaluates VA evidence in arriving at its recommendations, but its authority resides in evaluating the fairness of DES fitness and rating determinations at the time of separation. As noted above, the CI was separated in November 2001 with a...
AF | PDBR | CY2013 | PD-2013-02759
RECOMMENDATION : The Board, therefore, recommends that there be no re-characterization of the CI’s disability and separation determination. XXXXXXXXXXXXXXX President Physical Disability Board of Review I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2009 | PD2009-00376
With initiation of insulin treatment, the CI's blood sugar levels were 90's to 160's with no episodes of hypoglycemia, as per medical record documentation immediately prior to placement on TDRL. The Board also considered the condition of Bilateral Lower Extremity Peripheral Neuropathy at the CI’s request. When determining the final and permanent disability rating, the Board must evaluate the CI’s condition at the time of separation from the TDRL in 2008.
AF | PDBR | CY2009 | PD2009-00133
The CI had additional orthopedic conditions (back, right knee, and right ankle) which were forwarded by the MEB as medically acceptable. The NARSUM, however, specifically states ‘must have access to diabetic diet’ and this requirement is documented in medical profiles and diabetic clinic notes. Other Conditions .
AF | PDBR | CY2012 | PD2012-01445
The CI was then medically separated with a 20% disability rating. CI CONTENTION: “The 20% rating does not fit the disability, Type I Diabetes with controlled diet, restricted activities, and insulin dependent starts at the 40% rating. 3 PD1201445 RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows; and, that the discharge with severance pay be recharacterized to reflect permanent disability retirement, effective as of the date of his prior medical...
AF | PDBR | CY2009 | PD2009-00736
At the time of TDRL reevaluation nearly three years later, the Informal PEB adjudicated a permanent 20% rating for diabetes mellitus type 1, rated 20%. The Board thus has no basis for recommending any additional unfitting conditions for separation rating. Exhibit C. Department of Veterans' Affairs Treatment Record.
AF | PDBR | CY2013 | PD-2013-01648
RECORD OF PROCEEDINGSPHYSICAL DISABILITY BOARD OF REVIEWNAME: XXXXXXXXXXXXXXCASE:PD-2013-01648BRANCH OF SERVICE: AIR FORCE BOARD DATE: 20140716 Separation Date: 20040608 I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2013 | PD-2013-02244
IAW DoDI 6040.44, the Board’s authority is limited to making recommendations on correcting disability determinations. RATING COMPARISON : Service IPEB – Dated 20091009VA* - Based on Service Treatment Records (STR)ConditionCodeRatingConditionCodeRatingExam Diabetes Mellitus, Type I791320%Diabetes Mellitus, Type I791320%**STROther x 1 (Not in Scope)Other x 0STR Combined: 20%Combined: 20% *Derived from VA Rating Decision (VARD) dated 20100226 (most proximate to date of separation (DOS)). The...