RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXX CASE: PD1200427
BRANCH OF SERVICE: ARMY BOARD DATE: 20130418
SEPARATION DATE: 20060126
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an activated National Guard SSG/E-6 (31B30/Military Police [MP])
medically separated for a heart condition. He has a history of symptomatic bradycardia and in
October 2004 underwent an uncomplicated placement of a permanent pacemaker. The
condition could not be adequately rehabilitated to meet the deployable requirements of his
Military Occupational Specialty (MOS). He was issued a permanent P2 profile and referred for a
Medical Evaluation Board (MEB). The heart condition, characterized as AV Block 2nd degree,
stable with pacemaker was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501
and no other conditions were submitted by the MEB. The Informal PEB (IPEB) adjudicated the
heart condition as unfitting, rated 10% with application of the Veterans Administration
Schedule for Rating Disabilities (VASRD). The CI made no appeals, and was medically separated
with a 10% disability rating.
CI CONTENTION: The CI makes no contentions.
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 heart 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 Board for
Correction of Military Records.
RATING COMPARISON:
Service IPEB Dated 20051209
VA - (6 Mos. Pre -Separation)
Condition
Code
Rating
Condition
Code
Rating
Exam
AV Block, 2nd Degree
Pacemaker
7015
10%
Mobits Type II Heart Block S/P
Pacemaker Placement
7015
60%
20050727
No Additional MEB/PEB Entries
Other x 4
20050727
Combined: 10%
Combined: 70%
Derived from VA Rating Decision (VARD) dated 20061222 (most proximate to date of separation [DOS]).
ANALYSIS SUMMARY:
Heart Condition. The narrative summary (NARSUM) notes that following placement of the
pacemaker in October 2004, the CI did well both postoperatively and for the remainder of the
year leading up to the MEB. He was without complaints or problems during that period and
was considered to have been doing well at routine follow up exams. His condition was
considered stable and it was not expected to interfere with his ability to function in general and
specifically with his ability to run, perform push-ups or sit-ups. It was recommended that he
not be deployed to OCONUS because of the potential need for timely maintenance of the
pacemaker. The commanders statement citing the stresses of his job as a squad leader in an
MP platoon, felt that he was not medically fit to perform the duties required of his MOS. At the
MEB cardiology exam about a month prior to separation, the CI reported no cardiac complaints.
Treadmill stress test revealed a maximum workload of 12.8 metabolic equivalent of tasks
(METS) and was discontinued because of fatigue. Electrocardiogram (ECG) was non-diagnostic.
X-ray study done as part of the MEB physical demonstrated optimal appearance and positioning
of the pacemaker leads and tips.
At the VA Compensation and Pension (C&P) exam performed 6 months prior to separation, the
CI reported that pacemaker placement had improved his symptoms and that he could perform
functions that would not make him very tired. His METS level was determined to be about
four to five as reported on 27 July 2005. However, it is noted that a treadmill test dated
28 July 2005 by a civilian consultant revealed a measured maximum workload of 10 METS.
Although left ventricular hypertrophy (LVH) was noted in stress testing in this exam, that finding
was not replicated in the cardiology addendum to the MEB or in subsequent exams.
Echocardiogram (ECHO) performed 3 months after separation showed no LVH and an ejection
fraction of 55-60.
The CI was seen for chest pain 12 months after separation and underwent cardiac
catheterization (normal coronary arteries). Additionally, a myocardial perfusion scan
performed 12 months after separation demonstrated a large, mildly severe, septal wall defect
and ejection fraction was calculated at 47% with normal left ventricle size. The CI was
diagnosed with atypical chest pain and cardiomyopathy now symptom free ... An ECHO
performed 14 months after separation documented no LVH, normal wall motion and a normal
ejection fraction of 60%. Subsequent VA exams were noted and subsequent VA ratings of 60%
were based on decreased ejection fraction of 30 to 50 percent.
The Board directs attention to its rating recommendation based on the above evidence. The
only applicable code is VASRD 7015 (atrioventricular block) assigned by both the PEB and VA.
The Board first considered the PEBs rating of the disability at 10%. In doing so, the PEB cited
the cardiologists note, a month prior to separation, wherein it was stated that the CI was
asymptomatic and that he was able to achieve 12.8 METS on exercise testing. The PEB
determined that the condition merited a 10% rating because of the requirement of the
pacemaker. The VA, however, based its initial rating on a C&P exam done in July 2005, about 5
months prior to separation, in which the CIs METS level was stated as about four to five. It
awarded a 60% rating under 7015 for which the condition would qualify with a METS score of
between 3 and 5. It is obvious that there is a clear disparity between these examinations, with
very significant implications regarding the Board's rating recommendation. The Board thus
carefully deliberated its probative value assignment to these conflicting evaluations, and
carefully reviewed the service file for corroborating evidence in the 12-month period prior to
separation. Subsequent VA ratings of 60% were based on decreased ejection fraction, which
was not present at the time of separation. The decline in ejection fraction noted at a year post-
separation was adjudged post-separation worsening. The Board concluded that the evaluation
done by the cardiologist as part of the MEB exam, a month prior to separation, was the most
probative both because it was a specialist examination using measurements obtained through
treadmill stress testing and also because it was the exam most proximate to the date of
separation. In addition, further support is given to the PEB rating by the results of the civilian
consultant mentioned above whose METS determination of 10 was more closely aligned with
that of the cardiologist done a few months later. There did not appear to be any objective data
in evidence proximate to the date of separation which indicated functioning at a lower level or
evidence of cardiac hypertrophy or dilatation on electrocardiogram, echocardiogram, or X-ray
that would justify a higher 30% rating; or an ejection fraction of 30 to 50 percent for a higher
60% rating under 7015.
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 second degree atrioventricular block condition/pacemaker condition.
The Board concluded therefore that this condition could not be recommended for additional
disability 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 second degree AV Block condition and IAW VASRD §4.104,
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
AV Block, 2nd Degree Pacemaker
7015
10%
COMBINED
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120530, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
xxxxxxxxxxxxxxxxxxxxxxx, DAF
Director of Operations
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / xxxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
xxxxxxxxxxxxxxxxxxxxxxxxxx, AR20130009624 (PD201200427)
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 xxxxxxxxxxxxxxxxxxx
Deputy Assistant Secretary
(Army Review Boards)
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