RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1201036 SEPARATION DATE: 20021118
BOARD DATE: 20130219
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E-5 (11B2P/Infantryman Rifle Team Leader),
medically separated for Type I diabetes mellitus (DM) with Hemoglobin A1c (HbA1c) of 7.5. The
CIs condition could not be adequately rehabilitated to meet the physical requirements of his
Military Occupational Specialty. He was consequently issued a permanent P3 profile and
referred for a Medical Evaluation Board (MEB). The Type I DM condition was referred to the
Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40-510, 3-11b. No other
conditions were submitted by the MEB. The PEB adjudicated the Type I DM condition as
unfitting, rated 20%, 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: "Im getting a bit older, and my injuries/disease are (sic) getting worse.
SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in
Department of Defense Instruction (DoDI) 6040.44 (Enclosure 3, paragraph 5.e.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 rating for the unfitting Type I DM condition is
addressed below. Any other conditions intended in request for Board consideration, or any
condition or contention outside the Boards defined scope of review, remain eligible for future
consideration by the Army Board for Correction of Military Records.
RATING COMPARISON:
Service IPEB Dated 20020726
VA (~2.5 Mo. Post-Separation) Effective 20021119
Condition
Code
Rating
Condition
Code
Rating
Exam
Type I Diabetes Mellitus
With HgbA1C of 7.5
7913
20%
Diabetes Mellitus, Type I
7913
20%*
20030204
.No Additional MEB/PEB Entries.
Tinnitus, Bilateral
6260
10%
20030204
Hypertension Associated With
Diabetes Mellitus, Type I
7101
10%
20030204
Not Service Connected x 1
20030204
Combined: 20%
Combined: 40%
*Note: Type I Diabetes Mellitus, 7913, increased to 40% effective 20050526 (combined 50%).
ANALYSIS SUMMARY: The Board acknowledges the CIs contention regarding the significant
impairment with which his service-connected condition continues to burden him and has
worsened; 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 Veterans 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.
Type I Diabetes Mellitus. The CI presented to the battalion aid station on 13 February 2002
with complaints of general malaise, frequent urination, and headache. Blood and urine
samples were taken and glucose was 883 (normal less than 110) with an elevated glycosylated
hemoglobin (HbA1c; indicator of long-term blood glucose control) of 12.1%. He was
hospitalized briefly for initial blood glucose control and diagnosed with DM Type 1 (requiring
insulin). The CI was managed with Insulin and dietary restrictions with good results. After
stabilization on treatment there was no evidence of ketoacidosis or hypoglycemia requiring
hospitalizations. His HbA1c decreased to 7.5% with normal fasting blood glucose in April 2002
which was considered to fall within the target range of desired values. The commanders
statement, 7 months prior to separation recommended retention and reclassification and
indicated that the CI scores a maximum of 300 on every Armed Forces Physical Readiness Test
and can perform any recruiter related task to a high standard. Three months after his
diagnosis (6 months prior to separation) the CI was issued a permanent P3 profile that
restricted his duty assignments so as to assure his access to medications, refrigeration, and
appropriate medical care. The block three assignment limitations included No airborne
operations, all physical activity at own pace and duration, while blocks five and seven had no
restrictions, and the physical fitness test of the two mile run, push-ups and sit-ups were
permitted. At the time of the MEB narrative summary, 5 months prior to separation, the CI was
asymptomatic and doing well. There was no clinical evidence of diabetes associated conditions
such as diabetic retinopathy, cardiopulmonary abnormalities, peripheral vascular abnormalities,
or evidence of peripheral neuropathy.
At the VA Compensation and Pension exam, 2 months after separation, the CI reported no
symptoms and no restrictions. He was attempting to become a body builder and was working
out 1-2 hours per day. The VA Rating Decision (VARD) of June 2005 indicated a civilian medical
report indicating fluctuating blood sugars, increased insulin requirements and required
regulation of activities due to diabetes. The VA increased their rating to 40% effective May
2005 (30 months after separation) based on that evidence.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB rated the condition at 20% coded 7913 (DM) and the VA rated the condition at 20% coded
7913 proximate to separation. The 2005 VA rating increase was adjudged as post-separation
worsening and not indicative of the CIs condition proximate to separation. The Board
adjudged that the profile restrictions and permissions, did not met the VASRD 7913 criteria for
regulation of activities (avoidance of strenuous occupational and recreational activities). Upon
deliberation it was agreed that the 40% rating criteria were not reasonably supported by the
evidence at hand. There were no hospitalizations after initial stabilization for diabetes related
problems prior to separation and there were no regulation of activity. Thus none of the 40%,
60% or 100% criteria were met at the time of separation. 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 of
the Type I DM 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. In the matter of the DM
Type 1 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 1
7913
20%
COMBINED
20%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120508, w/atchs.
Exhibit B. Service Treatment Record.
Exhibit C. Department of Veterans Affairs Treatment Record.
XXXXXXXXXXXXXXXXXXXXX, DAF
Acting Director
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / XXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXX, AR20130004070 (PD201201036)
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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