RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200974 SEPARATION DATE: 20030121
BOARD DATE: 20130213
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E-4 (13B10/Cannoneer/Assistant Gunner)
medically separated for Diabetes Mellitus (DM). He was treated, but was not able to fully
perform his military duties. He was issued a permanent P3 profile and underwent a Medical
Evaluation Board (MEB). The MEB found the DM condition medically unacceptable, and
referred him to a Physical Evaluation Board (PEB). No other conditions were listed on DA Form
3947. The PEB found the DM condition unfitting, and rated it 20% IAW the Veterans Affairs
Schedule for Rating Disabilities (VASRD). The CI made no appeals, and was medically separated
with 20% disability.
CIs CONTENTION: I have type 1 diabetes which has more complications than type 2 diabetes.
I also have hypertension due to my diabetes. I am not overweight. I have had some
complications as are written in VA records. I take insulin.
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 200211001
VA (3 mos. Pre-Separation) Effective 20030122
Condition
Code
Rating
Condition
Code
Rating
Exam
Diabetes Mellitus
7913
20%
Diabetes Mellitus
7913
20%
20021028
.No Additional MEB/PEB Entries.
0% x 1/Not Service Connected x 1
20021028
Combined: 20%
Combined: 20%
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed by the CI regarding
the impairment with which his conditions continue to burden him, and the significant impact
they have had on his quality of life. It is noted for the record that the Board is subject to the
same laws for disability entitlements as those under which the military Disability Evaluation
System (DES) operates. The DES has neither the role nor the authority to compensate the CI for
future severity or potential complications of conditions. That role and authority is granted to
the Department of Veterans Affairs (DVA). 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. Compensation can only be granted for the degree of
severity present at separation. The DVA, however, is empowered to re-evaluate a CIs
conditions for the purpose of adjusting the disability rating should the degree of impairment
change over time.
Diabetes mellitus (DM). In April 2002, the CI presented with malaise, polyuria, polydipsia, and
anorexia. He was found to have elevated blood sugar and was diagnosed with DM. He was
started on insulin and restricted diet. In May 2002, he was referred for an MEB. His MEB
clinical evaluation was on 18 July 2002. At that time, the CIs physical exam (PE) was normal.
Blood pressure was 140/70. A recent laboratory evaluation had shown that hemoglobin A1C
was reduced from 17.3% to 7.2%. His treatment plan included Insulin, restricted diet, and
exercise. There was no mention of medically prescribed regulation of activities. In October
2002, the CI had a VA Compensation and Pension (C&P) exam. He reported that his symptoms
had settled except for occasional chest pains and palpitations. The PE was normal.
Electrocardiogram (ECG) showed frequent premature atrial contractions. Chest X-ray was
normal. Stress test was normal, with 16.3 METs of exercise. Hemoglobin A1C was 6.2%. Once
again, there was no mention of medically prescribed regulation of activities.
The Board carefully examined all evidentiary information available, and directs attention to its
rating recommendation based on the above evidence. The PEB and VA both chose the same
coding and rating options for the DM condition. IAW VASRD §4.119, a rating of 20% is
appropriate for DM requiring insulin and restricted diet. A higher rating of 40% would require
medically prescribed regulation of activities (ROA). Regulation of activities 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 (Resolution of 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
7913
20%
COMBINED
20%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120606, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
XXXXXXXXXXXXXXXXX, 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
XXXXXXXXXXXXXXXXXXXX, AR20130004069 (PD201200974)
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 XXXXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
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