RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXX.
BRANCH OF SERVICE: air force
CASE NUMBER: PD1100377 SEPARATION DATE:
20080721
BOARD DATE: 20120119
SUMMARY OF CASE: Data extracted from the available evidence of record
reflects that this covered individual (CI) was an active duty member, SRA/E-
4 (3E851, EOD Journeyman), medically separated for spondylopathy (an
arthritis-like condition). In 2005, the CI presented with complaints of
multiple joints pains, primarily involving his right wrist, left shoulder,
bilateral knees and feet. The CI was eventually diagnosed with a
spondylopathy and treatment was begun with the medications Humira
(injection requiring refrigeration) and sulfasalazine. His joint pains
resolved with initiation of the medication and he was subsequently allowed
to deploy overseas with his unit. The CI had to be evacuated from theater
early; however, when a prolonged loss of electrical power resulted in loss
of his medication due to lack of refrigeration. Because of the
difficulties encountered with maintaining his medication supply overseas,
the CI was placed in a non-deployable status and, therefore underwent a
Medical Evaluation Board (MEB). Spondylopathy was forwarded to the
Physical Evaluation Board (PEB) as medically unacceptable IAW AFI 48-123.
No other conditions appeared on the MEB’s submission. Other conditions
included in the Disability Evaluation System (DES) packet will be discussed
below. The PEB adjudicated the spondylopathy condition as unfitting, rated
20%, with application of the Veterans Administration Schedule for Rating
Disabilities (VASRD). The CI made no appeals, and was medically separated
with a 20% disability rating.
CI CONTENTION: The CI states: “I had a good, albeit short, military
career. I was an Explosive Ordnance Disposal (EOD) Technician, with an
active TS clearance, and two deployments to Iraq under my belt. Halfway
through my second enlistment is when I was informed that because of my
joint disease, I was no longer deployable, and was getting medically
separated. This news hurt me both emotionally and financially. I loved
serving, I loved EOD, and I loved the US Air Force. I had no idea how the
disability ratings worked, I have been healthy all my life and never saw a
need to understand them. When I heard I was rated at 20% that meant
nothing to me. As time went by, I realized how much I missed being a part
of the military community. My current job has me travelling to different
military installations and removing ordnance from old ranges. I cannot use
the base gym, cannot buy gasoline on base, and cannot buy gum at the
commissary without being accompanied by a military member. It’s sad. I
can understand why the US Air Force sees me as non-deployable, after all, I
have to give myself an injection twice a month that requires refrigeration
(not an easy task considering my job was mission critical and our most
common theaters of operation were deserts). I only submit myself for
review in hopes of raising my disability rating to a level that grants me
base privileges. I feel I have earned them. Thank you for your
consideration.”
RATING COMPARISON:
|Service IPEB – Dated 20080606 |VA (2 Mo. After Separation) – All |
| |Effective Date 20080722 |
|Condition |Code |
ANALYSIS SUMMARY:
Spondylopathy. The CI was diagnosed with spondylopathy involving multiple
joints to include his right wrist, left shoulder, bilateral knees and feet.
Although he did not have prominent back pain symptoms at the time of his
diagnosis, he did have a remote history of some back pain concerns. The CI
did not have any associated systemic involvement such as rashes,
gastrointestinal symptoms, inflammatory eye symptoms or oral lesions.
Plain radiographs of his left shoulder and right wrist taken in 2005 were
normal, as were plain radiographs of his sacroiliac joints taken in 2006.
Laboratory studies were negative for rheumatoid factor, but positive for
HLA-B27.
The MEB exam, seven months pre-separation (and two months after break in
medication use/flare), documented “good ROM (range-of-motion)” in his hips,
knees, ankles, shoulders and neck. There was no spinal tenderness to
palpation. The CI denied any uveitis (eye) symptoms or oral sores; and the
examiner noted no evidence of serositis (inflammation of organ linings).
The MEB examiner commented that the CI had previously experienced a return
of his symptoms after running out of medication during his deployment;
however, the symptoms had resolved within one day of resuming his Humira.
Exam indicated “mild swelling and tenderness of the left elbow,” mild
synovial thickening of both wrists, and mild tenderness of the finger
joints on both hands. There was no limited or painful motion documented.
There was no abnormal joint imaging.
At the Department of Veterans’ Affairs (DVA) Compensation and Pension (C&P)
exam, two months post-separation, the CI reported that he had not had any
symptoms since starting Humira in the spring of 2007. The VA examiner
documented ROM of the cervical and thoracolumbar spines without pain; and
normal ROM of the fingers, wrists, elbows, shoulders, hips, knees and
ankles, without pain. The CI’s gait was also noted as normal.
The PEB and the VA chose the same coding for the condition and arrived at
the same rating. They both rated at 20% for “one to two exacerbations a
year in a well established diagnosis.” Although the VA exam documented
that the CI had not had any symptoms within the past year, both the service
and the VA rated based upon the episode of symptom exacerbation in
January 2008 following the unavoidable loss of medication during his
deployment. The MEB exam was very close to the CI’s flare and the VA
examination was considered to have the highest probative. There were no
residuals of limitation of motion or ankylosis of any of the involved
joints to obtain a compensable rating under the individual joint codes by
the time of separation. There were no associated constitutional
manifestations and no incapacitating episodes to justify a higher rating
under the 5002 coding. Alternate coding under 5003 for evidence of
involvement of two or more major joints or two or more minor joint groups,
with occasional incapacitating exacerbations would not code higher than the
20% under 5002 which is predominate. 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 spondylopathy condition.
Remaining Conditions. No other conditions were noted in the narrative
summary (NARSUM) or found elsewhere in the DES file. The Board, therefore,
has no reasonable basis for recommending any additional unfitting
conditions for separation rating.
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 spondylopathy condition and IAW VASRD
§4.71a, the Board unanimously recommends no change in the PEB adjudication.
The Board unanimously agrees that there were no other conditions eligible
for Board consideration which could be recommended as additionally
unfitting for rating at separation.
RECOMMENDATION: The Board, therefore, recommends that there be no
recharacterization of the CI’s disability and separation determination, as
follows:
|UNFITTING CONDITION |VASRD CODE |RATING |
|Spondylopathy |5099-5002 |20% |
|COMBINED |20% |
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20110503, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans' Affairs Treatment Record
President
Physical
Disability Board of Review
SAF/MRB
1500 West Perimeter Road, Suite 3700
Joint Base Andrews MD 20762
Dear XXXXXXXXXXX:
Reference your application submitted under the provisions of DoDI
6040.44 (Title 10 U.S.C. § 1554a), PDBR Case Number PD-2011-00377
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
re-characterization 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 re-characterization of your separation is not warranted.
Accordingly, I accept their recommendation that your application be denied.
Sincerely,
XXXXX
Director
Air Force Review Boards
Agency
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