RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1201236 SEPARATION DATE: 20040302
BOARD DATE: 20130307
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was a National Guard SPC/E-4 (62B10/Mechanic), medically separated
for rheumatoid arthritis (RA). The RA condition could not be adequately treated to allow her to
meet the physical requirements of her Military Occupational Specialty (MOS), including
deployment, or satisfy physical fitness standards. She was issued a permanent P3/U3/L3 profile
and referred for a Medical Evaluation Board (MEB). The MEB also forwarded hypertension,
identified in the rating chart below, but as a medically acceptable condition. The Physical
Evaluation Board (PEB) adjudicated the RA condition as unfitting, rated 20%, with application of
the Veterans Affairs Schedule for Rating Disabilities (VASRD). The hypertension was
determined to be not unfitting and not ratable. The CI made no appeals and was medically
separated with a 20% disability rating.
CI CONTENTION: The CI elaborated no specific contention in her application.
SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in 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 ratings
for unfitting conditions will be reviewed in all cases. 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 Correction of Military Records.
RATING COMPARISON:
Service PEB Dated 20031112
VA ( 2Mos. Post-Separation) All Effective Date 20040303
Condition
Code
Rating
Condition
Code
Rating
Exam
Rheumatoid Arthritis
5002
20%
Rheumatoid Arthritis
5002
20%*
20040511
Hypertension
Not Unfitting
Hypertension
NSC
Combined: 20%
Combined: 20%
*VARD 20040902 40% effective 20040303; 60% effective 20080729
ANALYSIS SUMMARY: The CI developed bilateral knee joint pain while awaiting deployment in
April 2003, but improved with treatment and was cleared to deploy. During deployment she
developed recurrent symptoms and further joint involvement in her hands, and elbows. She
was air evacuated to Landstuhl, Germany where she was diagnosed with RA. She was then
returned to her home station for further treatment and evaluation. Her physical profile
restricted her from running. The profile also noted the need for regular follow-up
appointments to monitor medication side-effects and status of disease progression, preventing
deployment. Her commanders statement stated that her physical impairments prevented the
fulfillment of the requirements of her MOS.
Rheumatoid Arthritis Condition. At a rheumatological consultation on 25 August 2003,
6 months prior to separation, the examiner noted that the CI had widespread inflammatory
arthritis which had started 5 months earlier. She reported joint swelling, morning stiffness, and
sleep disruption. She had been primarily treated with Prednisone, non-steroidal anti-
inflammatory drugs and Enbrel, a disease modifying drug, with improvement in her symptoms.
She denied recent joint swelling, but continued to have occasional interruptions in her sleep
from pain. Fatigue was moderate and morning stiffness persisted for about an hour. However,
her appetite remained good and her weight was stable. She denied systemic manifestations
such as fever, oral ulcers or skin rash. She appeared healthy and alert. On examination, she
had a slight limp favoring the left knee. Some synovitis was noted in the finger joints bilaterally
and her grip strength was reduced at 5-/5. There was also reduced and painful range-of-motion
(ROM) of the right wrist with trace swelling. No rheumatoid nodules or subluxations were
present. X-rays of the hand were normal. Her examination was otherwise unremarkable. It
was noted that she was a month into treatment with the Enbrel with a partial response, but
that it was too early to determine the effectiveness of the drug. Laboratory markers for RA
were positive. The narrative summary dictated on 5 September 2003, 2 weeks after the above
appointment. The CI endorsed improvement in symptoms although it is not clear if this is from
initiation of therapy or since the previous visits. She reported minimal hand and knee pain with
palpation and swelling and used Naprosyn to control the pain. On examination, there was full
ROM noted with mild tenderness over the wrist joints, without edema or swelling, and lower
extremities, again without swelling. No anemia was present on testing. The examiner noted
that she could not do significant lifting, could not deploy on her medications and that her
disease was progressive. The VA Compensation and Pension (C&P) exam was accomplished on
11 May 2004, 2 months after separation. The medication regimen had changed to
Methotrexate and Imuran starting the previous fall. The CI complained that her shoulders,
elbows, wrists, hands, knees, ankles, and feet joints were particularly painful on the day of
exam. She reported that it was difficult for her to take care of the activities of daily living due
to pain. Her husband assisted her with dressing, bathing, housework, cooking, and driving.
However, she was gainfully employed, but had an understanding employer. The CI ambulated
very slowly with obvious pain with a cautious gait. The examiner remarked she was in obvious
pain in walking and movement of upper extremities; assisting herself with both arms into the
exam chair as well as rising and sitting although she did not use an assistive device. The
examiner noted swelling and tenderness of wrists as well as hands, knees, ankles, feet, and
decreased strength testing, (2/5) due to extremely painful joint movement. The diagnosis was
RA, active. Per the 2 September 2004, VA rating decision (VARD), the CI was seen on 4 August
2004 in a VA rheumatology clinic. Enbrel was being discontinued and Humira started. The
examiner noted that there was no evidence of synovitis in any joint and that there were no
deformities. The examiner also noted that the records showed that the symptoms were out of
proportion to objective findings and negative for systemic manifestations of RA such as weight
loss and anemia. The Board noted that despite this, the VA increased the disability rating from
20% to 40%. At a later VARD on 1 December 2006, the rater noted she had been examined on
13 November 2006 and that she continued to have pain, but no anemia or weight loss and was
working full time as a welder, the civilian job she had prior to activation, although the job has
become difficult for her. The Board directed its attention to the rating recommendation based
on the above evidence. The PEB and VA both coded the RA as 5002 (arthritis rheumatoid) and
rated it 20% using the service treatment records (STRs). The CI appealed the VARD; and was
awarded a 40% disability rating based on the 11 May 2004 C&P. The Board first considered if
there was evidence of constitutional manifestations associated with active joint involvement
which would support a rating higher than the 40% adjudicated by the VA. The Board noted the
CI continued working as a welder after separation and it did not find any evidence of anemia,
weight loss or severely incapacitating exacerbations to support a higher rating. The Board then
considered a 40% rating. The Board could not find evidence in the clinical record of symptom
combinations productive of definite impairment of health objectively supported by examination
findings or incapacitating exacerbations occurring three or more times a year to support a 40%
rating. It noted that the VARD, which awarded the 40% rating, documented that the severity of
the CIs symptoms was not supported by objective findings. The Board considered the
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 RA condition and IAW VASRD §4.71a, 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
Rheumatoid Arthritis
5002
20%
COMBINED
20%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120618, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
XXXXXXXXXXXXXXXXXXXXXXX, DAF
Director of Operations
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / xxxxxxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
xxxxxxxxxxxxxxxxxxxxxx, AR20130009614 (PD201201236)
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 xxxxxxxxxxxxxxxxxxxxx
Deputy Assistant Secretary
(Army Review Boards)
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