RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20021126
NAME: XXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200595
BOARD DATE: 20121213
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty, SPC/E4, (92Y/Supply Specialist), medically separated
for aortic and mitral valve replacement secondary to bacterial endocarditis and chronic low
back pain (LBP). The CI developed low back pain in 1997 and unrelated bacterial endocarditis of
his heart requiring replacement of two heart valves (mitral and aortic) in 2000. The LBP and
heart conditions could not be adequately rehabilitated with treatment to meet the physical
requirements of his Military Occupational Specialty (MOS) or satisfy physical fitness standards.
He was issued a permanent P3/L3 profile and referred for a Medical Evaluation Board (MEB).
The MEB forwarded no other conditions for Physical Evaluation Board (PEB) adjudication. The
MEB submitted an addendum regarding the eye condition. The PEB adjudicated the bacterial
endocarditis with mitral and aortic valve replacements, requiring lifelong anticoagulation and
chronic LBP without radiculopathy conditions as unfitting, rated 10% and 10%, with application
of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The CI submitted a rebuttal,
contending a left eye and dental conditions and demanded a Formal PEB (FPEB). This was
withdrawn and the CI was medically separated with a 20% combined disability rating.
CI CONTENTION: “I left the service with severe cardiac problems and serious back problems.
These problems were far worse that the 20% they were given as a combined rating. I am rated
by the VA at 60% for the cardiac condition, 30% for chronic kidney disease, 20% for back
condition and 20% for a radicular symptom secondary to the back condition. My combined
service connected VA rating is 80%”.
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 the unfitting conditions will be reviewed in all cases. The requested radicular symptoms
condition will be addressed with the back condition. The requested kidney condition is not
within the Board’s purview. 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.
RATING COMPARISON:
Service IPEB – Dated 20020802
Condition
Code
VA (1 Mos. Pre‐Separation) – All Effective Date 20021127
Code
Rating
Exam
Bacterial endocarditis
w/mitral and aortic valve
replacement
Low back pain
w/radiculitis
Rating
10%
10%
Condition
Bacterial Streptococcus viridians
endocarditis s/p mitral and
aortic valve replacement
HNP/DDD Lumbar
7000
5295
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 20%
7001‐7016
30%
20021024
5293‐5292
0% X 1 / Not Service‐Connected x 3
10%
20021024
20021024
Combined: 40%
ANALYSIS SUMMARY: The Disability Evaluation System (DES) is responsible for maintaining a fit
and vital fighting force. While the DES considers all of the member's medical conditions,
compensation can only be offered for those medical conditions that cut short a member’s
career, and then only to the degree of severity present at the time of final disposition. 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 nor for conditions
determined to be service‐connected by the Department of Veterans Affairs (DVA) but not
determined to be unfitting by the PEB. However, the DVA, operating under a different set of
laws (Title 38, United States Code), is empowered to compensate all service‐connected
conditions and to periodically re‐evaluate said conditions for the purpose of adjusting the
Veteran’s disability rating should the degree of impairment vary over time. The Board’s role is
confined to the review of medical records and all evidence at hand to assess the fairness of PEB
rating determinations, compared to VASRD standards, based on severity at the time of
separation.
Cardiac Condition. The CI became severely ill with acute bacterial endocarditis (an infection of
the heart valves) in April 2000 causing heart valve damage requiring replacement of the aortic
and mitral valves (performed April 2000). The CI was discharged from the hospital on
Coumadin and antibiotics. By July 2000, the CI was doing well with resolution of all symptoms.
On 13 November 2000, a treadmill stress test was normal. A routine annual cardiac
echocardiogram performed on 17 May 2001, revealed normal cardiac and valve function and
mild left ventricular hypertrophy unchanged from a study one year prior. At the MEB/ narrative
summary (NARSUM) evaluation, performed on 15 November 2001, 12 months before
separation, the CI presented no cardiac issues. Exercise tolerance was reported as normal. The
MEB physical exam recorded vital signs and cardiac exam to be normal. No evidence of
Coumadin‐related complications was noted. A cardiac exercise stress test on 20 June 2002, 5
months before separation, was normal with an excellent exercise tolerance of 13.5 METS
(equivalent to running eight miles an hour) and normal blood pressure and heart rate
responses. At the VA Compensation and Pension (C&P) exam on 24 October 2002, a month
before separation, the CI reported being somewhat limited in getting around, without specific
pulmonary or cardiac reference. On physical examination, a soft cardiac murmur, consistent
with a prosthetic valve was noted. Remainder of the cardiac examination was normal.
Echocardiogram performed on 29 October 2002, demonstrated normal cardiac and valvular
function and mild left ventricular hypertrophy.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB and VA rated the cardiac condition under different codes which have the same rating
criteria IAW §4.104. The PEB rated the cardiac condition 10%, 7000 valvular heart disease,
citing requirement for continuous medication (Coumadin). The VA rated 30%, 7016, heart valve
replacement, citing mild left ventricular hypertrophy on echocardiogram as “marginally”
meeting the criteria for that rating. A higher rating of 60% requires evidence of left ventricular
dysfunction with episodes of congestive heart failure not supported by the record in evidence.
The Board agreed that the CI had an outstanding result from surgery, that his cardiac function
and exercise tolerance at separation were normal, and the left ventricular hypertrophy,
identified on echocardiogram, but not on clinical exam, chest X‐ray or EKG was mild and of mild
or no functional significance based on the excellent level of exercise tolerance on the exercise
stress test. The level of exercise tolerance of 13.5 METS correlates with a 0% rating (the 10%
rating states METS not greater than 10, and the 30% rating states METs not greater than 7),
while the mild LVH on echocardiogram supports consideration of the 30% rating. The Board
noted that the evidence of the stress test was a direct assessment of functional capacity while
the echocardiogram finding of mild
left ventricular hypertrophy was not and the
echocardiogram otherwise indicated normal function correlating with the results of the
exercise stress test. VASRD §4.1, Essential of Evaluative Rating, states that the rating schedule
is “primarily a guide in the evaluation of disability” in average civil occupations. While the
2 PD1200595
echocardiogram report reflected mild left ventricular hypertrophy warranting consideration of
the 30% rating, the results of the stress test showing an excellent level of exercise tolerance
that did not meet the METs criteria for a minimum 10% rating indicates that the CI’s disability
at the time of separation was not described by the 30% rating and that a 10% rating most
nearly approximates the condition at the time of separation. After due deliberation,
considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the majority of
the Board recommends a rating of 10% for the cardiac condition.
Low Back Pain. The CI developed atraumatic chronic back pain in 1997. Magnetic resonance
imaging (MRI) of the spine on 12 March 2000, revealed bulging discs at L4‐5 and L5‐S1 without
nerve compression. The CI was treated with exercise and physical therapy (PT) with
unsustained improvement. On PT evaluation performed on 8 August 2000, the CI had full
lumbar flexion and extension. Motor strength was 5/5 and sensation was normal in the lower
extremities. On 11 July 2001, a neurosurgeon reported no neurologic compromise and
recommended continued nonsurgical treatment. At the MEB/NARSUM evaluation the CI
reported being able to perform all activities of daily living and all duties to include office and
warehouse work, and operation of heavy machinery. The MEB physical exam findings included
flexion of 85 degrees with pain (normal 90 degrees). At the C&P exam, a month prior to
separation, the CI reported being able to walk a mile and a half with pain. Findings on physical
examination included flexion of 90 degrees, tenderness of the sacral area, and normal gait and
reflexes. The Board directs attention to its rating recommendation based on the above
evidence. In accordance with DoDI 6040.44, the Board is required to recommend a rating IAW
the VASRD in effect at the time of separation. The Board notes that the 2002 VASRD standards
for the spine, which were in effect at the time of separation, were changed to the current
§4.71a rating standards in September 2003. The Board must correlate the above clinical data
with the 2002 rating schedule (applicable diagnostic codes include: 5292 limitation of lumbar
spine motion; 5293 intervertebral disc syndrome; and 5295 Lumbosacral strain). The PEB and
the VA both rated the back condition 10% using different codes. The PEB rated code 5295,
lumbar‐sacral strain. A higher rating of 20% requires muscle spasm on extreme forward
bending, loss of lateral spine motion; unilateral in the standing position, not supported by the
record in evidence. The VA rated code 5292, spine, range of motion, slight, citing the reduction
of extension on examination. The Board unanimously agreed that the MEB and VA
examinations were equivalent and both supported a 10% rating for the back condition at time
of separation. There was no evidence for ratable peripheral nerve impairment in this case,
since no motor weakness was present and sensory symptoms had no functional implication.
There was no evidence of incapacitating episodes for a higher rating under code 5293. After
due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt),
the Board unanimously concluded that there was insufficient cause to recommend a change in
the PEB adjudication for the low back pain 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 bacterial endocarditis with aortic and mitral valve
replacement condition, IAW VASRD §4.104 the Board by a vote of 2:1 recommends no change
in the PEB adjudication. The single voter for dissent (who recommended 30%) submitted the
appended minority opinion. In the matter of the low back pain condition, IAW §4.71a, the
Board unanimously recommends no change in the PEB adjudication. There were no other
conditions within the Board’s scope of review for consideration.
3 PD1200595
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
UNFITTING CONDITION
VASRD CODE RATING
Bacterial Endocarditis w/ Aortic and Mitral Valve Replacements
Low Back Pain w/ Radiculitis
7000
5295
COMBINED
10%
10%
20%
XXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120605, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
4 PD1200595
Minority Opinion. The minority voter agrees with the majority’s assessment of disability but
does not agree that application of the VASRD allows for the flexibility in rating that the Board
majority used in arriving at its recommendation. The mere presence of left ventricular
hypertrophy meets the criteria for the 30% rating. The VASRD criteria for 30% states “or
evidence of cardiac hypertrophy”. Further, the report of hypertrophy was not clarified by
cardiologist as being a normal variant therefore reasonable doubt would lead to a conclusion
that the finding was a residual of his initial serious illness leading to heart valve replacement
and indicative of an abnormal heart meeting the VASRD guideline for the 30% rating. The
minority voter recommends a combined rating of 40% and permanent disability retirement.
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXX, AR20130000744 (PD201200595)
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 Board’s
recommendation and hereby deny the individual’s 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
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200595
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