Search Decisions

Decision Text

AF | PDBR | CY2012 | PD 2012 00544
Original file (PD 2012 00544.txt) Auto-classification: Denied
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 Board’s 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 Board’s 
defined scope of review, remain eligible for future consideration by the Army Board for 
Corrections of Military Records. The Board acknowledges the CI’s 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 Board’s 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 CI’s 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 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 

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 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 XXXXXXXXXXXXXXXXX 

 Deputy Assistant Secretary 

 (Army Review Boards) 

 



Similar Decisions

  • AF | PDBR | CY2013 | PD2013 00148

    Original file (PD2013 00148.rtf) Auto-classification: Approved

    RATING COMPARISON : Service IPEB 20040405VA Exam (2 Weeks after Separation)ConditionCodeRatingConditionCodeRatingExam Cholinergic Urticaria78250%Cholinergic Urticaria782510%20040727No Additional MEB/PEB EntriesOther x 720040727 Rating: 0%Combined: 30% Derived from VA Rating Decision (VARD)dated 20041122(most proximate to date of separation [DOS]). His hives and itching were relieved by cold showers and the use of anti-histamine medications. I direct that all the Department of the Army...

  • AF | PDBR | CY2012 | PD2012-00884

    Original file (PD2012-00884.pdf) Auto-classification: Denied

    The CI underwent a Limited Duty (LIMDU) Board in October 2001 approximately 15 months prior to separation in which the examiner noted that the CI was still complaining of hives being continuous and daily with some urticaria noted on her arms and a requirement of antihistamine medications. The Board reviewed the criteria for 7825 and considered the CI’s history of chronic urticaria and the need for daily medications to control this condition. After due deliberation in consideration of...

  • AF | PDBR | CY2013 | PD-2013-02232

    Original file (PD-2013-02232.rtf) Auto-classification: Denied

    The MEB characterized the CI’s skin condition as “solar urticaria” (a condition in which exposure to the sun [or ultraviolet radiation] induces urticaria or hives)and forwarded this to the Physical Evaluation Board (PEB) for consideration. The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at...

  • AF | PDBR | CY2013 | PD 2013 00150

    Original file (PD 2013 00150.rtf) Auto-classification: Denied

    There were limited MH treatment notes in the records before the Board, but the available records support that the two sets of symptoms waxed and waned together.The CI developed a non-MH condition treated with steroid medications that reportedly caused weight gain and/or inhibited mandatory weight loss to meet Navy physical standards.The Board noted that during the time that the CI wastreated with steroids, she had an exacerbation of depression symptoms leading to an inpatient hospitalization...

  • AF | PDBR | CY2009 | PD2009-00063

    Original file (PD2009-00063.docx) Auto-classification: Denied

    Dermatitis/Latex Condition . Other Conditions . There were several other medical conditions documented in the service and VA records.

  • AF | PDBR | CY2012 | PD2012 01603

    Original file (PD2012 01603.rtf) Auto-classification: Denied

    RECORD OF PROCEEDINGSPHYSICAL DISABILITY BOARD OF REVIEWNAME: XXXXXXXXXXXXXXXXXXXX CASE: PD1201603BRANCH OF SERVICE: AIR FORCEBOARD DATE: 20131016 Contended PEB Conditions .The Board’s main charge is to assess the fairness of the PEB’s determination that contended back pain,cold induced urticaria and hypertension conditions were not unfitting. In the matter of the contended back pain, cold induced uticariaand hypertension conditions the Board unanimously recommends no change from the PEB...

  • AF | PDBR | CY2010 | PD2010-00108

    Original file (PD2010-00108.docx) Auto-classification: Denied

    Based upon the lack of episodes during the last twelve months of service, the Board considered the appropriate rating to be 0% at the time of separation. The Board therefore has no basis for recommending any additional unfitting conditions for separation rating. I have carefully reviewed the evidence of record and the recommendation of the Board.

  • AF | PDBR | CY2011 | PD2011-00282

    Original file (PD2011-00282.docx) Auto-classification: Denied

    She was then medically separated with a 20% disability rating. The Board evaluates VA 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 FPEB, as upheld by the USAF Personnel Council, and the VA both adjudicated a 20% disability rating for chronic angioedema with urticaria, coded 7118 based on attacks with laryngeal...

  • AF | PDBR | CY2012 | PD2012-00359

    Original file (PD2012-00359.pdf) Auto-classification: Denied

    (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 cases. Pre-Separation) – All Effective Date 20070802 Idiopathic Angioneurotic Edema w/ Laryngeal Involvement Service FPEB – Dated...

  • AF | PDBR | CY2011 | PD2011-00122

    Original file (PD2011-00122.docx) Auto-classification: Denied

    CI CONTENTION : “VA rated my case as followed: Sleep Apnea 50%; Right knee patellofemoral syndrome 10%.” He additionally lists all of his VA conditions and ratings as per the rating chart below. Physical examination findings were also normal. I have carefully reviewed the evidence of record and the recommendation of the Board.