RCORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200544 SEPARATION DATE: 20030531
BOARD DATE: 20130228
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E-5 (77F/Petroleum Supply Specialist) medically
separated for urticaria. She developed frequent recurrence of hives early in her service career
and the condition progressed to intolerance of numerous environmental allergens. Despite a
protracted trial of various treatments, the condition remained incompatible with the
requirements of her Military Occupational Specialty. She was issued a permanent P3 profile
and referred for a Medical Evaluation Board (MEB). The MEB referred the condition to the
Physical Evaluation Board (PEB) IAW AR 40-501. No other conditions were submitted by the
MEB. The PEB adjudicated the urticarial condition as unfitting, rated 10%, with application of
the Veterans Affairs Schedule for Rating Disabilities (VASRD). The CI made no appeals and was
medically separated with that disability rating.
CI CONTENTION: *chronic uticaria* This condition started once entered in Basic Trng (1994)
and has yet to cease or improve. Due to this problem my life has changed drastically and with
the lower rating, all of my privileges were lost (Px, commissary). The disability award for
chronic uticaria was increased to 30% as of a notice being mailed as of July 2010. The CI
additionally submitted two letters with her application; one reiterating the details of the
urticaria condition as above, and the other drawing attention to a service-connected left knee
condition.
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. Ratings for unfitting conditions will be reviewed
in all cases. The rated urticaria as requested for consideration meets the criteria prescribed in
DoDI 6040.44 for Board purview. The left knee condition as contended by the CI was not
recognized by the MEB or PEB and is, therefore, not within the 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
Corrections of Military Records. The Board acknowledges the CIs information regarding the
significant impairment with which her service-connected condition continues to burden her but
must emphasize that the Disability Evaluation System has neither the role nor the authority to
compensate members for anticipated future severity or potential complications of conditions
resulting in medical separation. That role and authority is granted by Congress to the
Department of Veteran Affairs (DVA), operating under a different set of laws. The Board
considers DVA evidence proximate 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 to the Boards recommendations only to the extent that
it reasonably reflects the disability at the time of separation.
RATING COMPARISON:
Service PEB Dated 20030318
VA - (2 Mos. Pre-Separation)
Condition
Code
Rating
Condition
Code
Rating
Exam
Urticaria
7199-7118
10%
Urticaria
7825
10%
20030411
No Additional MEB/PEB Entries
Other x 3
20030411
Combined: 10%
Combined: 10%
ANALYSIS SUMMARY:
Urticaria. The CI developed a pruritic skin rash in the eighth week of her basic training. After
initial treatment, the condition intermittently reappeared and was treated with multiple
dermatologic preparations. Numerous diagnoses were considered including drug reaction,
contact allergies, insect bites and skin fungus. A skin biopsy for definitive diagnosis in
December 2002 revealed only chronic inflammation and a diagnosis of urticarial vasculitis
(hives) of uncertain etiology was applied. The condition was not controlled with medication
and the CI was referred for MEB and PEB processing. The records in evidence reflect that the
skin condition was treated with systemic steroid medication on two occasions for a total of 10
days in the 9 years prior to separation, and one occasion for 5 days in the year after separation.
The records also document no episodes of incapacitation requiring steroid medication or
placement on quarters in the same period. The MEB narrative summary physical exam on
27 December 2002, 5 months prior to separation, documented urticarial plaques on the CIs left
shoulder and areas of post-inflammatory hyperpigmentation. The CI was having no pruritus at
the time. At the VA Compensation and Pension exam performed 11 April 2003, a month prior
to separation, the CI reported that the hives, when occurring, would respond to oral
antihistamine medication. She reported no history of any throat swelling, dysphagia or
shortness of breath since onset of the condition.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB and the VA both rated the condition 10%, but under separate codes. The PEB chose code
7118, analogous to laryngeal edema; the VA chose code 7825, urticaria. The Board reviewed
the coding and unanimously agreed that code 7825 more accurately reflected the clinical
course and pathologic findings in the case. Under this code, a higher rating of 30% requires
recurrent debilitating episodes of urticaria occurring at least four times a year requiring
intermittent systemic immunosuppressive therapy for control. The Board unanimously agreed
that this rating was not supported by the evidence in record. The Board was unable to find a
pathway to a higher rating under any other applicable VASRD code. After due deliberation,
considering all of the evidence and mindful of VASRD §4.3 (Resolution of reasonable doubt), the
Board concluded that there was insufficient cause to recommend a change in the PEB
adjudication for the urticaria 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 urticarial condition and IAW VASRD §4.118, 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
Urticaria
7118
10%
COMBINED
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120604, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
XXXXXXXXXXXXXXXXXXX, DAF
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 XXXXXXXXXXXXXX, AR20130005352 (PD201200544)
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 XXXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
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