RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXXX CASE: PD1100970
BRANCH OF SERVICE: ARMY BOARD DATE: 20130313
SEPARATION DATE: 20050606
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E-4 (19K10/M1A1 Armor Crewman) medically
separated for chronic abdominal pain. The CI went in for a laparascopic appendectomy in early
2004 and experienced a small bowel perforation. Multiple surgeries, a medical coma for 19
days and an incisional hernia repair followed. In December 2004, a surgical consult revealed no
surgical pathology only chronic pain. The condition could not be adequately rehabilitated to
meet the physical requirements of his Military Occupational Specialty (MOS) or satisfy physical
fitness standards. He was issued a permanent P3 profile and referred for a Medical Evaluation
Board (MEB). The abdominal pain condition was forwarded to the Physical Evaluation Board
(PEB) IAW AR 40-501. No other conditions were submitted by the MEB. The PEB adjudicated
chronic abdominal pain, rated 10%. The CI made no appeals and was medically separated with
a 10% disability rating.
CI CONTENTION: I have since been found to have PTSD as a result of the coma which was a
result of the abdominal condition for which I was discharged, and the reason given for my
discharge was: pain. I had one ventral hernia repair will on active duty, and have had two more
since.
SCOPE OF REVIEW: The Boards 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 those conditions identified but not determined to be unfitting by
the PEB when specifically requested by the CI. The rating for the unfitting chronic abdominal
pain condition is addressed below and no additional conditions are within the DoDI 6040.44
defined purview of the Board. Any conditions or contention not requested in this application,
or otherwise outside the Boards defined scope of review, remain eligible for future
consideration by the Army Board for Correction of Military Records.
RATING COMPARISON:
Service IPEB Dated 20050331
VA - 4 Mos. Pre Separation
Condition
Code
Rating
Condition
Code
Rating
Exam
Chronic Abdominal Pain
7399-7301
10%
Abdominal Pain & Digestive
Problems s/p Small Bowel
Perforation & Peritonitis
7399-7301
10%
20050215
No Additional MEB/PEB Entries
Other x 7
20050215
Combined: 10%
Combined: 20%
Derived from VA Rating Decision (VARD) dated 20050726 (most proximate to date of separation [DOS]).
ANALYSIS SUMMARY:
Chronic Abdominal Pain. The MEB narrative summary (NARSUM) dated 12 January 2005 noted
the CI had a history of multiple abdominal surgical procedures starting with laparoscopic
appendectomy performed on 30 January 2004. The CI developed postoperative complications
including a small bowel tear, peritonitis and subphrenic abscess which required additional
procedures including medically induced coma and exploratory laparotomies. The CI was
released from the hospital on 5 March 2004 and returned to active duty on 1 May 2004. On
21 July 2004 the CI had surgery for an uncomplicated incisional hernia repair. However, the CI
continued to complain of abdominal pain and was seen on several occasions in the emergency
department though no surgical pathology for the pain was identified. Computer tomography
(CT) scan performed 15 December 2004 disclosed post-surgical changes but no evidence of
obstruction or abnormality requiring treatment or explaining the pain. The CI reported
persistent severe pain when bending or lifting heavy loads preventing performance of duties
and he was referred for MEB. At the VA Compensation and Pension (C&P) exam performed on
15 February 2005, 4 months prior to separation and 3 weeks prior to the MEB, the CI reported
frequent abdominal pain episodes located in the left lower quadrant associated with abdominal
distension, nausea, constipation alternating with diarrhea. The examiner considered the
functional impairment secondary to small bowel perforation, peritonitis and incisional hernia
separately. Subsequently, the difficulties bending and lifting were noted as a consequence of
the incisional hernia only. The physical exam indicated a well developed, well nourished male
in no acute distress. Height was 75 inches and weight was 225 pounds. Examination of the
abdomen noted surgical scars without tenderness, disfigurement, ulceration, adherence,
instability, tissue loss, keloid formation, hyperpigmentation, abnormal texture or limitation of
motion. Laboratory work did not evidence anemia. At the MEB exam performed on 5 March
2005, 3 months prior to separation, the CI reported continuous pain that started on 14 January
2005 and persisted to the evaluation time. He described the pain as sharp, radiating into the
back and kidney area and rated it 4/10 (10 being the maximum level of pain experienced). The
CI stated the pain increased to 8/10 before and during bowel movements. The general physical
exam was normal, and noted the presence of healed surgical scars. The focal exam of the
abdomen elicited severe lower quadrant and pelvic brim tenderness. Laboratory testing was
normal (no anemia or results reflecting any gastrointestinal abnormality).
The Board directs attention to its rating recommendation based on the above evidence. Both
the PEB and VA rated the CI condition 10% analogously to code 7301 (adhesions of peritoneum)
based on evidence of residual pulling pain during movements of the body, occasional episodes
of colic, nausea, constipation alternating with diarrhea and abdominal distension. The Board
could not assign a higher evaluation as there was not demonstrated partial bowel obstruction
required for a 30% rating. There was no identified weight loss or anemia which would also
warrant an increase in the rating. The Board also considered additional rating warranted by the
presence of multiple abdominal scars secondary to surgeries however there was no direct
functional limitation related to the scars that rendered the CI unfit. The Board concluded
therefore that the scarring could not be recommended for additional disability rating. 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 chronic abdominal pain 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 chronic abdominal pain condition and IAW VASRD §4.114,
the Board unanimously recommends no change in the PEB adjudication. There were no other
conditions within the Boards scope of review for consideration.
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CIs disability and separation determination, as follows:
UNFITTING CONDITION
VASRD CODE
RATING
Chronic Abdominal Pain
7399-7301
10%
COMBINED
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20111019, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
xxxxxxxxxxxxxxxxxxxxxxxxx, DAF
Acting Director
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / xxxxxxxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
xxxxxxxxxxxxxxxxxx, AR20130006205 (PD201100970)
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 Boards
recommendation and hereby deny the individuals 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 xxxxxxxxxxxxxxxx
Deputy Assistant Secretary
(Army Review Boards)
AF | PDBR | CY2014 | PD-2014-01633
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVeterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. A decision was made to remove the affected section of colon (hemicolectomy), and surgery was performed 3 May 2004.The operative note indicated no adhesions or physical strictures of the colon.According to the NARSUM...
AF | PDBR | CY2012 | PD2012-00634
The PEB adjudicated the chronic abdominal and pelvic pain secondary to endometriosis as unfitting, rated 10%, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). (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...
AF | PDBR | CY2011 | PD2011-00601
The PEB adjudicated the chronic anterior abdominal pain condition as unfitting, rated 10% with application of the USAPDA pain policy. Remote from separation, based on exam of July 2008, the VA rated the CI at 10% for painful abdominal scar as a residual of the hernia surgery. I direct that all the Department of the Army records of the individual concerned be corrected accordingly no later than 120 days from the date of this memorandum.
AF | PDBR | CY2012 | PD2012 01047
The IPEBadjudicated the abdominal conditionas unfitting, rated 10%, referencing the Department of Defense Instruction (DoDI) 1332.39 and the Veterans Affairs Schedule for Rating Disabilities (VASRD).The remaining condition was determined to be Category II, conditions that can be unfitting, but are not currently compensable or ratable.The CI appealed to the Formal PEB (FPEB), which affirmed the IPEB findings and rating, and the CI was medically separatedwith a 10% disability rating. ...
AF | PDBR | CY2012 | PD2012-00495
The Board also considered the residual effects of gastroesophageal surgery claimed as memory loss and any mental condition for which the VA assigned a 10% rating based on an evaluation in 2011, and which the CI contends warrants additional disability rating. In the matter of the residual effects of gastroesophageal surgery claimed as memory loss and any mental condition, the Board unanimously agrees that it cannot recommend a finding of unfit for additional rating at separation. Service...
AF | PDBR | CY2012 | PD-2012-00401
The right common peroneal nerve condition was determined to have improved and rated at 10%. At the MEB examination on 11 October 2005, 8 months prior to TDRL entry, the CI reported persistent numbness and loss of motion for which he used an orthotic device. After due deliberation in consideration of the preponderance of the evidence, the Board concluded that there was insufficient cause to recommend a change in the PEB permanent disability rating for the abdominal pain condition...
AF | PDBR | CY2013 | PD-2013-02182
SEPARATION DATE: 20040905 The CI had past medical history of atypical chest pain diagnosed as gastritis, Barrett’s esophagitis, gastroesophageal reflux disease (GERD), hiatal herniaand esophageal spasms. As discussed above, PEB reliance on the USAPDA policy/guidance memorandum #12 table of analogous codes (since withdrawn)for rating reflux disease with atypical chest pain, suspected esophageal spasm condition was operant in this case and the condition was adjudicated independently of that...
AF | PDBR | CY2012 | PD-2012-00461
The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the Crohn’s disease as unfitting, rated 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Crohn’s Disease.
AF | PDBR | CY2011 | PD2011-01139
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW SEPARATION DATE: 20021218 NAME: XXXXXXXXX BRANCH OF SERVICE: ARMY CASE NUMBER: PD1101139 BOARD DATE: 20121002 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SPC/E-4 (Military Occupational Specialty [MOS] Not Obtained/Student in AIT), medically separated for chronic abdominal pain following total vaginal hysterectomy for uterine prolapsed. In...
AF | PDBR | CY2011 | PD2011-00758
The Board evaluates DVA evidence proximal to separation in arriving at its recommendations, but its authority resides in evaluating the fairness of DES fitness decisions and rating determinations for disability at the time of separation. The VA reduced the rating for this condition to 0% effective 9 October 2009, 4 years after separation. Service Treatment Record