RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXXX CASE: PD1201917
BRANCH OF SERVICE: ARMY BOARD DATE: 20130411
SEPARATION DATE: 20030815
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E-4 (92A/Automated Logistics Specialist)
medically separated for asthma. The CI began having symptoms of shortness of breath in 2002
and was diagnosed with exercise induced asthma. He was treated with medication therapy but
his condition could not be adequately rehabilitated to meet the physical requirements of his
Military Occupational Specialty (MOS) or satisfy physical fitness standards. He was issued a
permanent P3 profile and referred for a Medical Evaluation Board (MEB). The asthma
condition, characterized as exercise induced asthma was forwarded to the Physical Evaluation
Board (PEB) IAW AR 40-501. No other conditions were submitted by the MEB. The PEB
adjudicated exercise induced asthma with normal spirometry as unfitting, rated 10% with
likely application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). The CI made
no appeals, and was medically separated with a 10% combined disability rating.
CI CONTENTION: The CI elaborated no specific contention in his application.
SCOPE OF REVIEW: The Boards 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. The rating for the unfitting asthma condition is
addressed below; and, no additional conditions are within the DoDI 6040.44 defined purview of
the Board. 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 Board for
Correction of Military Records.
RATING COMPARISON:
Service IPEB Dated 20030513
VA - (1 Mos. Pre Separation)
Condition
Code
Rating
Condition
Code
Rating
Exam
Exercise Induced Asthma
6602
10%
Asthma
6602
10%
20030715
No Additional MEB/PEB Entries
Other x 5
20030715
Combined: 10%
Combined: 30%
Derived from VA Rating Decision (VARD) dated 20030818 (most proximate to date of separation [DOS]).
ANALYSIS SUMMARY:
Asthma. The narrative summary (NARSUM) of March 2003 notes the CI was diagnosed with
exercise induced asthma with little symptom improvement on medications. The CI had been a
positive intradermal purified protein derivative (IPPD) converter and had completed medication
(INH) treatment. At the MEB exam, the CI reported shortness of breath (SOB) with any
significant exertion. The MEB physical exam, exam 5 months prior to separation, noted a
normal lung exam and pulmonary function testing (PFT) documented FEV-1 of 88% predicted
and FEV-1/FVC of 105% predicted with a history of a positive Methacholine challenge test
(MCT). Restrictions were no Mission Oriented Protective Posture (MOPP) training (unable to
wear protective mask), and unlimited walking with all other aerobic conditioning exercises at
own pace. Current medications were listed as Advair, Singular and Albuterol p.r.n. Chest
radiograph in May 2002 was normal.
Three months prior to separation, the PEB disability description stated: Exercise induced
asthma, with normal spirometry. On intermittent Inhalational bronchodilator therapy. (MEBD
DIAG 1 AND NARSUM) The NARSUM states soldier is taking Singulair and using an Advair
inhaler daily, with Albuterol as needed. The medication profile shows that he received 60
Singulair tablets on 16 September 2002 and two Advair inhalers on 13 September 2002.
Neither medication is adequate for daily therapy for 8 months.
Treatment note dated 16 December 2002 indicated in the automated Current Medication:
area that Advair Diskus inhaler was last filled 30 September 2002 with 2 refills and the last
Singulair filled was 16 October 2002. At the VA Compensation and Pension (C&P) exam
performed a month prior to separation, the CI reported being treated with Albuterol which
helped, and stated he gets flare-ups only with strenuous activity or exercise. Exam showed
normal lungs and the diagnosis was exercise induced asthma.
The Board directs attention to its rating recommendation based on the above evidence. In its
deliberations the members devoted ample attention to the issue of whether the requirement
for daily bronchodilator and/or anti-inflammatory therapy was met in this case, as that is the
pivotal criteria between a 10% or 30% rating IAW VASRD §4.97 in this case given the normal
PFTs. Although there was some question on the exact amounts and timing of medication
prescription and use, the PEB disability determination of intermittent medication use was
matched by the VA exam history and rating determination of intermittent medication usage.
Members agreed that there was not adequate reasonable doubt favoring the CI in support of
daily medication use to support a rating recommendation higher than 10% IAW the criteria
defined in VASRD §4.97. 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 asthma condition. The Board concluded
therefore that this condition could not be recommended for additional disability rating.
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 asthma condition and IAW VASRD §4.97, 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
Exercise Induced Asthma
6602
10%
COMBINED
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120624, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
xxxxxxxxxxxxxxxxxxxxxxxxx, DAF
Director of Operations
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / xxxxxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
xxxxxxxxxxxxxxxxxxxxxxxxxxxx, AR20130009565 (PD201201917)
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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