RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200956 SEPARATION DATE: 20020619
BOARD DATE: 20130227
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SFC/E-7 (63H/Track Vehicle Repairer) medically
separated for Type II diabetes mellitus (DM). He was treated, but was unable to fully perform
his military duties. He was issued a permanent P3 profile, and underwent a Medical Evaluation
Board (MEB). The MEB found his DM condition medically unacceptable IAW AR 40-501, and
referred him to a Physical Evaluation Board (PEB). No other conditions were listed on the DA
Form 3947. The PEB found the DM condition unfitting, and rated it 20% IAW the Veterans
Administration Schedule for Rating Disabilities (VASRD). The CI made no appeals, and was
medically separated with a 20% disability.
CIs CONTENTION: The CI elaborated no specific contentions.
SCOPE OF REVIEW: The Boards scope of review as defined in DoDI 6040.44, 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 unfitting diabetes condition meets the criteria prescribed in DoDI
6040.44, and is accordingly addressed below. No other conditions are within the Boards
purview. Any condition outside the Boards defined scope of review may be eligible for future
consideration by the Army Board for Correction of Military Records.
RATING COMPARISON:
Army PEB dated 20020228
VA (2 mos. Pre-Separation) All Effective 20020620
Condition
Code
Rating
Condition
Code
Rating
Exam
Diabetes Mellitus
7913
20%
Diabetes Mellitus
7913
40%
20020412
.No Additional MEB/PEB Entries.
Chronic Left Ankle Sprain
5271-5024
10%
20020412
0% X 4
20020412
Combined: 20%
Combined: 50%
ANALYSIS SUMMARY:
Diabetes Mellitus (DM). The CI was diagnosed with DM in November 1999. He was
hospitalized, and his blood sugar (BS) was stabilized. On discharge from the hospital, his DM
was controlled with dietary restriction and oral hypoglycemic medication. In May 2000, he
underwent an MEB and was found fit for duty. Shortly thereafter, it was determined that he
needed to be on Insulin therapy. The CI's unit at that time kept him on rear assignments and
made accommodations for him. However, when the CI was transferred to Fort Hood TX, that
situation changed. His DM condition became much more difficult to control and a second MEB
was initiated to determine fitness for duty.
The MEB narrative summary (NARSUM) was dictated on 31 January 2002. The examiner noted
that the CI was in good health; with no limitations on physical activities, aerobic conditioning
exercises, functional activities, or Army Physical Fitness Test (APFT). He was in no apparent
distress, and his physical exam (PE) was essentially normal. His medications included
metformin and insulin. In April 2002, the CI had a VA Compensation and Pension (C&P) exam.
The physical findings from that examination were unremarkable. The CI denied any symptoms
of peripheral neuropathy or sexual dysfunction.
The Board carefully examined all available evidence and directs attention to its rating
recommendation based on the above evidence. The PEB and VA both used VASRD code 7913
for the DM condition. IAW VASRD §4.119, a rating of 20% is appropriate for DM requiring
Insulin and restricted diet. None of the criteria for higher ratings can be supported by the
evidence. A rating of 40% would require medically prescribed regulation of activities (ROA).
ROA is when a licensed healthcare provider prescribes or recommends that a diabetic patient
avoid strenuous occupational or recreational activities. In the CIs treatment record, there was
not sufficient evidence that this was the case. 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 diabetes 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 DM condition and IAW VASRD §4.119, 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
Diabetes mellitus, type 2
7913
20%
COMBINED
20%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120608, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
xxxxxxxxxxxxxxxxxxxxxxxx, DAF
Acting Director
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / xxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for xxxxxxxxxxxxxxxxxxx, AR20130006035 (PD201200956)
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 xxxxxxxxxxxxxxxxxxxxxxxx
Deputy Assistant Secretary
(Army Review Boards)
AF | PDBR | CY2013 | PD-2013-01132
Any conditions outside the Board’s scope of review may be eligible for consideration by the Board for Correction of Military Records. It is appropriately coded 7913, and IAW VASRD §4.119, meets criteria for the 60% rating level due to requiring insulin, restricted diet, and regulation of activities; with an episode of ketoacidosis, which required hospitalization, plus complications that would not be compensable if separately evaluated. In the CI’s treatment record, there was not sufficient...
AF | PDBR | CY2012 | PD2012 01207
The PEB adjudicated “diabetes mellitus type 1”as unfitting, rated 20%, with likely application of the VA Schedule for Rating Disabilities (VASRD).The remaining conditions were determined to be not unfitting.The CI did not agree with the PEB findings but did request a formal hearing or submit an appeal, so his case was sent to the US Army Physical Disability Agency (USAPDA). This condition was indeed “not unfitting” at the time of separation.The Board therefore concluded that this condition...
AF | PDBR | CY2012 | PD 2012 00974
The Board evaluates DVA evidence in arriving at its recommendations, but its authority resides in evaluating the fairness of DES fitness and rating determinations at the time of separation. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CIs disability and separation determination, as follows: UNFITTING CONDITION VASRD CODE RATING Diabetes Mellitus 7913 20% COMBINED 20% The following documentary evidence was considered: Exhibit A. DD Form 294,...
AF | PDBR | CY2014 | PD-2014-01778
SEPARATION DATE: 20051012 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 the time of separation. I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2013 | PD 2013 00912
No other conditions were submitted by the MEB.The PEB adjudicated “diabetes mellitus”as unfitting and rated it20%, with likely application of the VA Schedule for Rating Disabilities (VASRD).The CI made no appeals and was medically separated. The Board evaluates VA evidence in arriving at its recommendations, but its authority resides in evaluating the fairness of DES fitness and rating determinations at the time of separation. As noted above, the CI was separated in November 2001 with a...
AF | PDBR | CY2013 | PD2013 01127
The condition, characterized as “diabetes type I requiring insulin” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. The Informal PEB adjudicated “diabetes mellitus type I”as unfitting, rated 20%.The remaining condition was determined to be not unfitting and not rated.The CI made no appeals, and was medically separated. RECOMMENDATION : The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows:
AF | PDBR | CY2014 | PD-2014-00957
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 the time of separation. Pre-Separation)ConditionCodeRatingConditionCodeRatingExam Diabetes Mellitus Type 1791320%Diabetes Mellitus I791320%20080923Other x 0 (Not In Scope)Other x1 Combined: 20%Combined: 20% *Derived from VA Rating Decision...
AF | PDBR | CY2013 | PD 2013 01175
RECORD OF PROCEEDINGSPHYSICAL DISABILITY BOARD OF REVIEWNAME: XXXXXXXXXXXXXX CASE: PD-2013-01175BRANCH OF SERVICE: AIR FORCEBOARD DATE: 20140326 SEPARATION DATE: 20050912 I have carefully reviewed the evidence of record and the recommendation of the Board.
AF | PDBR | CY2012 | PD2012-01573
The Physical Evaluation Board (PEB) adjudicated the DM Type I condition as unfitting, rated 20%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Both the MEB and PEB physician examiners recommended that the CI have no restriction of physical activities. Service Treatment Record Exhibit C. Department of Veterans’ Affairs Treatment Record XXXXXXXXXXXXXXXXXX, DAF Acting Director Physical Disability Board of Review SFMR-RB MEMORANDUM FOR Commander, US Army...
AF | PDBR | CY2012 | PD2012-00222
The Board could not consider the DM renal insufficiency separately as it was not in the PEBs final rating recommendation. The medical evidence of the anemia condition was discussed under the DM condition for possible consideration with a higher rating under the 7913 DM code. After due deliberation in consideration of the preponderance of the evidence, the Board concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the anemia condition and,...