RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1200492 DATE OF PERMANENT SEPARATION: 20030623 

BOARD DATE: 20130228 DATE OF PLACEMENT ON TDRL: 20020502 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty SPC/E-4 (25V/Combat Documentation and Production 
Specialist), medically separated for asthma. Despite treatment for asthma, the CI could not be 
adequately rehabilitated to meet the physical requirements of his Military Occupational 
Specialty (MOS) or satisfy physical fitness standards. The CI was originally issued a permanent 
P3 profile in 1998 and was referred for a Medical Evaluation Board (MEB). The MEB forwarded 
asthma and allergic rhinitis to the Physical Evaluation Board (PEB). In March 2002 the PEB 
adjudicated asthma as unfitting, rated 30% with likely application of the Veteran’s Affairs 
Schedule for Rating Disabilities (VASRD). The PEB also determined that a permanent evaluation 
of the CI’s impairments was not yet possible. The allergic rhinitis was determined to be not 
unfitting and no rating was assigned. The CI concurred with these findings and he was placed 
on the Temporary Disability Retired List (TDRL). The CI was evaluated approximately a year 
later and in May 2003, the PEB rendered a final disability rating of 0%. The CI concurred with 
the PEB’s findings and waived a formal hearing but also wrote a letter asking to remain on 
active duty. The US Army Physical Disability Agency (USAPDA) determined the PEB had 
properly adjudicated the case and the CI was permanently separated. 

 

 

CI CONTENTION: “Asthma – I have asthma. While on active duty I took a methacholine 
challenge test. The only way to verify asthma. They put me out of the army due this test. After 
one year I took re-evalution for asthma. The medical facility gave me a PFT test and said I no 
longer had asthma. My PFT’s have always been in normal range. I had the VA give me another 
methacholine challenge. The results show I was asthmatic.” 

 

 

SCOPE OF REVIEW: The Board’s scope of review is defined in Department of Defense 
Instruction (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. 
Ratings for unfitting conditions will be reviewed in all cases. The rated asthma as requested for 
consideration meets the criteria prescribed in DoDI 6040.44 for Board purview. Any conditions 
or contention not requested in this application, or otherwise outside the Board’s defined scope 
of review, remain eligible for future consideration by the Army Board for Correction of Military 
Records. 

 


TDRL RATING COMPARISON: 

 

Final Service IPEB – Dated 20030507 

VA - (10 Mos. Pre Final Separation) 

On TDRL – 20020502 

Condition 

Code 

Rating 

Exam 

Condition 

Code 

Rating 

TDRL 

Sep. 

Asthma 

6602 

30% 

0% 

Asthma 

6602 

30% 

20020820 

Allergic Rhinitis 

Not Unfitting 

N/A 

Allergic Rhinitis 

6522 

0% 

20020820 

.No Additional MEB/PEB Entries. 

Other x 10 

20020820 

Combined: 0% 

Combined: 30% 



Original VA Rating effective 20020503 per VARD 20021009. 

 

 

ANALYSIS SUMMARY: The Board’s authority as defined in DoDI 6040.44, resides in evaluating 
the fairness of Disability Evaluation System (DES) fitness determinations and rating decisions for 
disability at the time of separation. The Board utilizes VA evidence proximal to separation in 
arriving at its recommendations; and, DoDI 6040.44 defines a 12-month interval for special 
consideration to post-separation evidence. Post-separation evidence is probative only to the 
extent that it reasonably reflects the disability and fitness implications at the time of 
separation. 

 

Asthma. The initial MEB narrative summary (NARSUM) prior to TDRL entry was completed in 
January 2002. It stated the CI had been diagnosed with asthma after a methacholine challenge 
test (MCT) in 1997. Pre-bronchodilator pulmonary function testing (PFTs) was normal in 
December 2001 and no post-bronchodilator testing was completed. The pertinent findings are 
noted in the chart below. A VA Compensation and Pension (C&P) examination was completed 
approximately 2 months after TDRL entry and it documented the use of Singulair, Advair, and 
Proventil. PFTs were completed, the examination did not state whether the testing was done 
pre-or post-bronchodilator, the results were within normal limits. The Board directs attention 
to its rating recommendation for the time of TDRL entry based on the above evidence. The PEB 
determined the asthma condition was not stable for rating and the CI was placed on the TDRL 
instead of being permanently separated. The PEB rated the condition 6602 Asthma at 30% 
based on the daily use of both inhaled anti-inflammatory and bronchodilator medication 
(Advair) and oral bronchodilator medication (Singulair). The VA also assigned a 30% rating 
based on medications. There is no evidence of intermittent use of systemic steroids or post-
bronchodilator PFT results that would warrant a rating greater than 30%. 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 asthma condition at TDRL entry. 

 

Pulmonary 
Exam 

MEB ~4.5 Mo. 

Pre-TDRL entry 

VA C&P ~2 Mo. Post-TDRL entry 

and ~10 Mo. Pre-TDRL Exit 

MEB ~2.5 Mo. 

Pre-TDRL Exit 

FEV1 (% 
Predicted) 

112% 

% not reported 

106% 

FEV1/FVC 

85% 

79% 

83% 

Meds 

Daily Singulair and 
Advair 

Proventil, Advair, and Singulair (Not 
using inhaler regularly) 

No medications in the past six months 

Comments 

Pre-Bronchodilator 
PFTs: normal 
spirometry; 

Daily oral bronchodilator therapy; 
“Normal spirometry” ; Not stated if 
PFTs are pre-or post-bronchodilator; 

PFTs source document missing; not 
stated if testing done pre-or post-
bronchodilator; able to run 1+ mile 
without any problem; worked 
outdoors 

§4.97 Rating 

30% 

30% 

0% 




A periodic TDRL evaluation was completed approximately 2 months prior to permanent 
separation from service. The accompanying NARSUM noted the CI reported that he had quit 
smoking 2 months previously and that he had not taken any medication in the previous 6 
months. The findings are reported in the chart above. No further information about this 
condition is available until PFTs were completed by the VA in September 2010, more than 7 
years after the CI separated. A C&P examination completed in October 2010 noted the CI had 
normal pre-bronchodilator PFTs and that he was using inhaled anti-inflammatory (Azmacort) 
and inhaled bronchodilator (Proventil) medications. The January 2012 VA rating decision 
(VARD) related to this examination refers to VA treatment records from 2010 and 2011 but 
these are not available in the record. At the C&P examination, the CI reported he required 
monthly visits to the emergency room due to his asthma. 

 

The Board directs attention to its rating recommendation based on the above evidence. At the 
time of exit from the TDRL, the PEB assigned a 0% rating for 6602 asthma because the CI did 
not meet the minimum rating criteria. The 2012 VARD continued the 30% rating for 6602 
asthma based medication usage stating there was no evidence to support monthly emergency 
room visits. The record does not contain any information about the CI’s use of medications 
between the time of the periodic TDRL evaluation NARSUM in 2003 and the C&P examination in 
2010. There is no evidence to show the CI was taking any asthma medication near the time of 
exit from the TDRL and permanent separation from service. 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 asthma 
condition at the time of TDRL exit and permanent separation from service. 

 

 

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 asthma condition and IAW VASRD §4.97, the Board 
unanimously recommends no change in the PEB adjudication at either the time of TDRL entry 
or at the time of TDRL exit and permanent separation from service. There were no other 
conditions within the Board’s scope of review for consideration. 

 

 

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 

TDRL 

PERMANENT 

Asthma 

6602 

30% 

0% 

COMBINED 

30% 

0% 



 


The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120602, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

XXXXXXXXXXXXXXXXXXXX 

Acting Director 

Physical Disability Board of Review 

 


SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

(TAPD-ZB / XXXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557 

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation 
for XXXXXXXXXXXXXXXXXXXXXXXX, AR20130005354 (PD201200492) 

 

 

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 Board’s recommendation and hereby deny the individual’s 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 XXXXXXXXXXXXXXXXXX 

 Deputy Assistant Secretary 

 (Army Review Boards)