BRANCH OF SERVICE: ARMY
DATE OF PLACEMENT ON TDRL: 20050502
NAME: XXXXXXX
CASE NUMBER: PD1200374
BOARD DATE: 20121128 DATE OF PERMANENT SEPARATION: 20070221
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty PV2/E‐2 (92G10/Food Service Specialist), medically
separated for asthma. The CI developed dyspnea on exertion during basic training in August
2003. By November 2004, he had failed every PT test administered, carried the diagnosis of
asthma and was being treated with oral and inhaled medications. The CI did not improve
adequately with treatment to meet the physical requirements of his Military Occupational
Specialty or satisfy physical fitness standards. He was issued a permanent P3 profile and
referred for a Medical Evaluation Board (MEB). The MEB identified and forwarded asthma as
the only condition for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the
asthma condition as unfitting, rated 30% and placed the CI on the Temporary Disability Retired
List (TDRL). Approximately 2 years later, the PEB adjudicated the CI’s asthma as sufficiently
stable and rated it 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities
(VASRD). The CI appealed the ruling and the US Army Physical Disability Agency reviewed the
case and concluded it was properly adjudicated by the PEB. The CI was medically separated
with a 10% disability rating.
CI CONTENTION: “My disability in which I occured (sic) during service has not left and I am still
suffering from my Asthma.”
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. The asthma condition as requested for
consideration meet the criteria prescribed in DoDI 6040.44 for Board purview; and, is addressed
below, in addition to a review of the ratings for the unfitting condition. Any conditions or
contention not requested in this application, or otherwise outside the Board’s defined scope of
review, remain eligible for future consideration by the Army Board for Correction of Military
Records.
TDRL RATING COMPARISON:
Service IPEB – Dated 20070129
VA – All Effective Date 20111213
Condition on TDRL entry
20050502
Asthma
Code
6602
Rating
TDRL
30%
Sep.
10%
Condition
Asthma
Code
6602
Rating
30%
Exam
20120113
20120113
RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
Combined: 30%
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the significant impairment with which his service‐incurred condition continues to
burden him. The Board wishes to clarify that it is subject to the same laws for disability
entitlements as those under which the Disability Evaluation System (DES) operates. The DES
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 (Title 38, United States Code). The Board evaluates DVA evidence
proximal to separation in arriving at its recommendations, but its authority resides in evaluating
the fairness of DES fitness decisions and rating determinations for disability at the time of
separation. It is noted for the record that the Board recognizes the significant interval (59
months) between the date of separation and the DVA evaluation. DoDI 6040.44, under which
the Board operates, specifies a 12‐month interval for special consideration to VA findings. This
does not mean that the DVA information was disregarded, as it was a valuable source for
clinical information and opinions relevant to the Board’s evaluation. In matters germane to the
severity and disability at the time of separation, however, the information in the record was
assigned proportionately more probative value as a basis
for the Board’s rating
recommendations.
Asthma Condition. There were three pulmonary function test (PFTs) results in evidence, with
documentation of additional ratable criteria, which the Board weighed in arriving at its rating
recommendation; as summarized in the chart below.
TDRL re‐eval 6 Mos. Pre‐Sep.
VA 59 Mos. Post‐Sep
Pulmonary Function Tests
FEV1 % Predicted
FEV1/FVC
Meds
NARSUM 2 Mos. Pre‐TDRL
entry
93%
80%
Post Bronchodilator PFT
Albuterol as needed
Advair daily
§4.97 Rating
30% (daily Advair)
82%
75%
Pre‐Bronchodilator PFT
Rare Albuterol use
Advair daily
Singulair stopped by CI
30% (daily Advair)
78%
67%
Pre‐Bronchodilator PFT
Albuterol daily
Advair daily
30% (daily Advair)
The narrative summary (NARSUM) prepared approximately 3 months prior to TDRL entry noted
progressive worsening of shortness of breath during physical activity during basic training in
November 2004 at which time the CI had bronchitis. Treatment of the bronchitis along with
use of bronchodilators did not resolve the shortness of breath which continued thoughout
Advanced Infantry Training where he failed his physical fitness test. In May 2004, the CI was
evaluated in a pulmonary clinic where he underwent a Methacholine challenge test that
revealed mild obstruction at baseline with moderate airway hyperactivity. He was treated with
Advair and a 5‐day course of oral steroids which failed to improve his symptoms. The CI also
underwent an exercise stress test that was consistent with asthma and a laryngoscopic exam
ruled out vocal cord dysfunction (VCD). His symptoms occurred with any exertion, hot or cold
weather and with wearing his gas mask. Physical exam revealed clear lungs with good air
movement. PFTs are documented in the chart above. At the MEB exam prepared
approximately 2 months prior to TDRL entry, the CI reported asthma triggered by running,
temperature changes, any physical work and that he wheezes at night. The MEB physical exam
noted normal lung exam.
At TDRL entry, the PEB adjudicated the CI’s asthma condition using VASRD code 6602, Asthma,
and rated it 30% based on daily medication use. This is consistent with VASRD rating guidelines
granting a 30% evaluation for normal PFTs and daily use of inhaled anti‐inflammatory
medication. The next higher rating, 60%, requires abnormal PTFs, or; at least monthly visits to a
physician for required care of exacerbations, or; intermittent (at least three per year) courses of
systemic (oral or parenteral) corticosteroids. These conditions were not met in this case. After
2 PD1200374
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 at TDRL entry for the asthma condition.
The CI had a TDRL re‐evaluation approximately 6 months prior to final separation. That exam
documented “zero emergency room visits and zero hospitalizations for his asthma.” Albuterol
use was very rare and he was “only using his Advair inhaler once daily in the morning.” The CI
had self‐discontinued his Singulair. His lungs were clear to auscultation bilaterally with good air
movement. Pertinent PFT results are summarized in the chart above. His frequent nocturnal
symptoms were likely related to the fact that he was not using an evening dose of Advair. It
was recommend that he use his Advair inhaler twice a day and continue to use his rescue
Albuterol inhaler. The VA Compensation and Pension (C&P) exam performed 59 months after
final separation documented the following pertinent items: Albuterol use three times daily,
Advair use once daily, no work lost due to asthma and no asthma flare‐ups in the past year.
Pertinent PFT results are summarized in the chart above.
The Board directs attention to its rating recommendation based on the above evidence. At
final separation, the PEB applied VASRD code 6602, asthma, and rated it 10% based on
“intermittent use of inhaler.” The PEB proceedings document further noted “no evidence
submitted supporting daily use of medication (no medication profile was submitted).” The VA
also utilized VASRD code 6602, asthma, and rated it 30% presumably based on the daily use of
Advair as reported in the VA C&P examination. Rating criteria for VASRD code 6602 are based
on PFT results, medication use and frequency of provider visits for exacerbations. Proximal to
separation, the CI had non‐compensable PFT results, did not have any asthma exacerbations
and did not require any systemic steroid use. Therefore, he does not meet criteria for the 60%,
rating so deliberations settled on a 10% vs. 30% discussion. Although the TDRL re‐evaluation
exam 6 months prior to separation documented daily Advair use, the PEB’s proceedings
document suggested they required a medication profile be submitted as proof of medication
use required to meet the 30% rating threshold. In requesting a Formal PEB hearing, the CI
submitted a rebuttal letter with two key points, first, he was taking Advair on a daily basis and
secondly, he attempted to get a medication profile but was unsuccessful. All three of the
formal history and physical exam documents pertaining to asthma document the CIs daily use
of inhaled anti‐inflammatory medication. The VA C&P examination performed approximately
59 months after final separation also documented daily Advair use however, was too remote
from separation to be of any probative value for rating purposes. After due deliberation,
considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board
recommends a final disability rating of 30% for the asthma 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 asthma condition, the Board unanimously recommends a
final disability rating of 30%, coded 6602 IAW VASRD §4.97. There were no other conditions
within the Board’s scope of review for consideration.
3 PD1200374
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows; and, that the discharge with severance pay be recharacterized to reflect permanent
disability retirement, effective as of the date of his prior medical separation:
UNFITTING CONDITION
VASRD CODE
6602
COMBINED
RATING
PERMANENT
30%
30%
Asthma
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120416, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
For XXXXXXXX, AR20120022681 (PD201200374)
1. Under the authority of Title 10, United States Code, section 1554(a), I approve the enclosed
recommendation of the Department of Defense Physical Disability Board of Review (DoD PDBR)
pertaining to the individual named in the subject line above to recharacterize the individual’s
separation as a permanent disability retirement with the combined disability rating of 30%
effective the date of the individual’s original medical separation for disability with severance
pay.
2. I direct that all the Department of the Army records of the individual concerned be corrected
accordingly no later than 120 days from the date of this memorandum:
a. Providing a correction to the individual’s separation document showing that the
individual was separated by reason of permanent disability retirement effective the date of the
original medical separation for disability with severance pay.
b. Providing orders showing that the individual was retired with permanent disability
effective the date of the original medical separation for disability with severance pay.
4 PD1200374
c. Adjusting pay and allowances accordingly. Pay and allowance adjustment will
account for recoupment of severance pay, and payment of permanent retired pay at 30%
effective the date of the original medical separation for disability with severance pay.
d. Affording the individual the opportunity to elect Survivor Benefit Plan (SBP) and
medical TRICARE retiree options.
3. I request that a copy of the corrections and any related correspondence be provided to the
individual concerned, counsel (if any), any Members of Congress who have shown interest, and
to the Army Review Boards Agency with a copy of this memorandum without enclosures.
BY ORDER OF THE SECRETARY OF THE ARMY:
Encl
XXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200374
AF | PDBR | CY2013 | PD-2013-02765
The requested sleep apnea, anxiety, hypertension and rhinitis conditions were not identified by the PEB, and therefore not within the DoDI 6040.44 defined purview of the Board.Any conditions or contention not requested in this application, or otherwise outside the Board’s defined scope of review, remain eligible for future consideration by the Board for Correction of Military Records. Asthma Condition . The PEB TDRL exit rating was 10%,with the disability description stating: “not...
AF | PDBR | CY2011 | PD2011-00224
After 12 months of TDRL the asthma condition was considered to be stable, but still unfitting. The Board does not have the authority under DoDI 6040.44 to render fitness or rating recommendations for any conditions not considered by the DES. The Board therefore has no reasonable basis for recommending any additional unfitting conditions for separation rating.
AF | PDBR | CY2011 | PD2011-00618
The CI was thus medically separated with a 0% service disability rating. Asthma Condition . In the matter of the asthma condition, the Board unanimously recommends a rating of 60% during the prescribed period of TDRL; and, a permanent service disability rating of 10% coded 6602 IAW VASRD §4.97.
AF | PDBR | CY2011 | PD 2011 01084
TDRL Rating Chart Final Service IPEB Dated 20021001 VA All Effective Date 20030911 Condition Code Rating Condition Code Rating Exam On TDRL 20010813 TDRL Sep. Asthma 6602 30% 0% Asthma 6602 30%* 20031023 .No Additional MEB/PEB Entries. The PEB rated the condition as 6602 asthma, bronchial and assigned a 30% disability stating the asthma condition was only moderately controlled on multiple medications, including daily inhaled anti-inflammatory aerosols. RECOMMENDATION: The Board...
AF | PDBR | CY2012 | PD2012-00469
The CI was re-evaluated almost 14 months later and the PEB recommended removal of the CI from the TDRL with a permanent disability rating of 10%. The PEB initially utilized VASRD code 6602, asthma, and rated it 30% based on daily inhaled medications with normal PFTs and placed the CI on TDRL. I direct that all the Department of the Army records of the individual concerned be corrected accordingly no later than 120 days from the date of this memorandum: individual was separated by reason of...
AF | PDBR | CY2012 | PD2012 01210
No other conditions were submitted by the MEB.The PEB adjudicated asthma with VCDand chronic pain left knee conditions as unfitting, rated 30% and 0% respectively,referencing the US Army Physical Disability Agency (USAPDA) pain policy. 660230%10%Asthma with Vocal Cord Dysfunction660230%20020606Chronic Pain, Left Knee In addition, the CI had a VCD that significantly responded to the beta-agonist inhalational medication, Albuterol for which the medication profile in evidence reflects dosing...
AF | PDBR | CY2013 | PD2013 00234
The MEB also identified and forwarded one other condition (shrapnel wound to the right upper arm, which met retention standards) to the PEB.The PEBadjudicated “asthma…” rated at 30%and placed the CI on the Temporary Retired Disability List (TDRL) in order for the condition to be stabilized by treatment.The remaining condition was determined to be not unfitting.The CI made no appeals and was placed on the TDRL in November, 2004, where he continued to receive medical treatment. The Board’s...
AF | PDBR | CY2009 | PD2009-00263
The PEB’s DA Form 199 dated 20050413 indicated “Asthma, with normal spirometry, on intermittent inhalational bronchodilator therapy.” The PEB specified “Medication profile shows no controller medication between March – April 2004 and 15 February 2005.” The PEB permanent separation rating was 6602 at 10%; and the VASRD 10% criteria contains the phrasing “intermittent inhalational or oral bronchodilator therapy.” There is therefore no evidence that the provisions of DoDI 1332.39 were applied. ...
AF | PDBR | CY2011 | PD2011-00941
(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. The initial narrative summary (NARSUM) and PEB considered the CI unfitting for asthma compounded by vocal cord dysfunction and rated the CI under (analogously to) the asthma coding criteria...
AF | PDBR | CY2012 | PD2012-00621
Asthma Condition. All treatment notes and the VA exam indicated daily inhaled medication use. Service Treatment Record Exhibit C. Department of Veterans’ Affairs Treatment Record XXXXXXXXXXXXXXXXXXX President Physical Disability Board of Review MINORITY OPINION: The minority voter agrees with the statement in the above proceedings that, “The key question to the Board was whether there was reasonable doubt as to the CI’s severity based on medication use.” The PEB rated the asthma condition...