RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20010914
NAME: XXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200814
BOARD DATE: 20130109
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E‐4 (75H/Personnel Management Specialist),
medically separated for fibromyalgia. The fibromyalgia condition could not be adequately
rehabilitated for the CI to meet the physical requirements of her Military Occupational Specialty
(MOS) or satisfy physical fitness standards. She was issued a permanent L3 profile and referred
for a Medical Evaluation Board (MEB). The MEB forwarded fibromyalgia (chronic back pain),
history of abnormal pap smear and chest pain for Physical Evaluation Board (PEB) adjudication.
No other conditions appeared on the MEB’s submission. The PEB adjudicated the fibromyalgia
condition, which included atypical chest pain, as unfitting, rated 20% with application of the
Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The history of abnormal pap smear
was determined to be not unfitting. The CI made no appeals, and was medically separated with
a 20% disability rating.
CI CONTENTION: “I believe this rating is inaccurate because not only do I have pain all over my
body, I constantly have pain every day that requires me to take medication every day. At the
same time I have seen a VA Physical Therapist, XXXXXXXXXX and was given a routine of
strengthening, relaxation, mobility exercises that would be required throughout my life for day
to day functionalbility. My condition is constant and has effected my entire lifestyle! See VA
medical records for letter written by my spouse!!” [sic]
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 fibromyalgia condition requested for
consideration meets the criteria prescribed in DoDI 6040.44 for Board purview, and is
accordingly addressed below. The abnormal pap smear 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:
VA (~6 Mos. Post‐Separation) – All Effective Date 20010915
Service IPEB – Dated 20010607
Condition
Fibromyalgia
Abnormal PAP Smear
Code
5025
Not Unfitting
Rating
20%
Condition
Fibromyalgia
Abnormal Pap Smear
Code
5025
Rating
20%
Exam
20020304
Not Service Connected
20020304
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 20%
0% X 1 / Not Service‐Connected x 5
Combined: 20%
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the significant impairment with which her service‐aggravated condition continues to
burden her. It is a fact, however, that the Disability Evaluation System (DES) has neither the
role nor the authority to compensate members for anticipated future severity or potential
complications of conditions resulting in medical separation. This role and authority is granted
by Congress to the Department of Veterans Affairs (DVA). The DVA, operating under a different
set of laws (Title 38, United States Code), is empowered to compensate service‐connected
conditions and to periodically re‐evaluate said conditions for the purpose of adjusting the
Veteran’s disability rating should her degree of impairment vary over time. The Board utilizes
DVA evidence proximal to separation in arriving at its recommendations; and, DoDI 6040.44
defines a 12‐month interval for special consideration to post‐separation evidence. The Board’s
authority as defined in DoDI 6044.40, however, resides in evaluating the fairness of DES fitness
determinations and rating decisions for disability at the time of separation. Post‐separation
evidence therefore is probative only to the extent that it reasonably reflects the disability and
fitness implications at the time of separation.
Fibromyalgia Condition. The insidious onset of low back pain(LBP) in 1999 was followed by
chronic pain symptoms diagnosed as fibromyalgia in 2000. A referral to rheumatology in
January 2001 indicated the fibromyalgia medication was helpful for sleep. The rheumatology
addendum narrative summary (NARSUM) (8 months prior to separation) stated that despite
appropriate treatment, the CI continued to have functionally limiting symptoms that included
diffuse arthralgias, myalgias and atypical chest pain. The examination revealed the presence of
fibromyalgia tender points at all sites tested. The assessment was fibromyalgia, refractory to
therapy. The NARSUM examiner 6 months prior to separation stated that she was unable to
perform her MOS duties except with great difficulty. While she could not participate in unit PT,
she could perform PT on her own, which included lifting up to 15 pounds, walking, swimming
and bicycling. The commander’s statement noted that the CI could not perform the
“moderately heavy” physical activities of her MOS, but she could still perform many of the
functions of her MOS in garrison. At the VA Compensation and Pension (C&P) exam 6 months
after separation, the CI reported that she was no longer taking medication for the condition and
did not intend to refill her prescription. She was noted to be pregnant. She complained of
generalized muscle ache, headaches, sleep disturbance, depression and constant tiredness.
She stated that her condition did not require bed rest or treatment by a physician, but that her
average daily activities were reduced to 30% compared to pre‐sickness levels. Examination
revealed normal posture and gait and the presence of multiple fibromyalgia tender points. The
assessment was that the condition had a minimal effect on the CI’s usual occupation and daily
activities.
The Board directs attention to its rating recommendation based on the above evidence. Under
the 5025 code, a 20% rating is appropriate when symptoms are episodic, with exacerbations
often precipitated by environmental or emotional stress or by overexertion, but are present
more than one third of the time. A 40% rating, the maximum rating available under this code,
is warranted when fibromyalgia is constant, or nearly so, and refractory to therapy. Board
members agreed that the PEB’s 20% rating was supported by the evidence, but debated if the
next higher 40% rating was justified. Board members noted that the rheumatologist considered
the condition refractory to therapy, but this statement was limited in context to the
performance of MOS responsibilities. The CI’s statement that her daily activity level was
reduced to 30% of normal seemed to conflict with the VA examiner’s note that the condition
had a minimal effect on daily activities, and that she did not require bed rest or treatment by a
physician. It was also noted that prior to separation she could still perform many of her MOS
functions and participate in self‐directed PT. The Board therefore finds that the evidence does
not most nearly approximate a disability picture at the time of separation characterized by
symptoms that are constant and refractory to therapy, and therefore the 40% rating is not
warranted. The atypical chest pain forwarded by the MEB was appropriately considered by the
PEB as a symptom of fibromyalgia. After due deliberation, considering all of the evidence and
2 PD1200814
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 fibromyalgia 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 fibromyalgia condition and IAW VASRD §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.
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
VASRD CODE RATING
5025
COMBINED
20%
20%
Fibromyalgia
UNFITTING CONDITION
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120606, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXX, AR20130000731 (PD201200814)
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:
3 PD1200814
Encl
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
( ) DoD PDBR
( ) DVA
CF:
4 PD1200814
AF | PDBR | CY2012 | PD2012 01824
(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 fibromyalgiacondition is addressed below; and, no additional conditions are within the DoDI 6040.44 defined purview of the Board. The Board reviews medical records and other available evidence to assess the fairness of PEB rating...
AF | PDBR | CY2009 | PD2009-00234
A significant component of the Board’s decision regarding the PEB’s adjudication of this case is whether there was indeed a separately unfitting and separately ratable psychiatric condition at separation. The Board, therefore, has no reasonable basis for recommending any additional unfitting conditions for separation rating. In the matter of the pain disorder with psychological factors/major depression psychiatric condition, the Board unanimously agrees that it is properly rated as a...
AF | PDBR | CY2012 | PD2012-00380
The CI was thus medically separated with a 10% disability rating. Evaluations of the extremities began with a normal arteriogram of the left arm performed concurrently with the cardiac catheterization. The Board has the option of ‘unbundling’ all of the conditions entrained in the PEB rating and recommending separate codes and ratings; but, each disability rating so derived must be supported as separately unfitting by a preponderance of the evidence.
AF | PDBR | CY2010 | PD2010-01221
CI CONTENTION : CI states “Please review all addendums from PEB and MEB.” She lists 8 exhibits in her contention summarized as right foot, asthma, left knee, chronic pain syndrome and depression and a component of fibromyalgia syndrome with her VA ratings. Although the pain in the knee was adjudged as not being “painful motion,” this was considered as a pain symptom under the CI’s primary unfitting fibromyalgia condition. Providing a correction to the individual’s separation document...
AF | PDBR | CY2012 | PD2012-00484
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW NAME: XXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY CASE NUMBER: PD1200484 SEPARATION DATE: 20040831 BOARD DATE: 20130116 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty 1LT/O‐2 (31A/Military Police) medically separated for fibromyalgia. The CI accepted the FPEB findings and was medically separated with a 20% disability rating. 2 PD1200484 RECOMMENDATION:...
AF | PDBR | CY2013 | PD2013 00545
STRs noted a consultation with rheumatology on 03 June 2003, six months prior to separation, which described a “constellation of symptoms compatible with fibromyalgia with chronic generalized pain, complications of fatigue, sleep disturbance and chronic depression.” Physical examination noted “typical trigger pointing noted in the cervical, scapular and lumbar regions of the spine.”An outpatient note on 24 July 2003reported “widespread muscle pain and fatigue,” back pain and neck pain, “hip...
AF | PDBR | CY2014 | PD-2014-00766
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. At the MEB examination on 11 May 2004, 10 months prior to separation, the CI complained of painful bilateral shoulders (which popped all the time), constant back pain, foot pain, tender “knots” on both of the knees,...
AF | PDBR | CY2013 | PD-2013-02564
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The Board first considered if the left shoulder, left arm/neck, bilateral knees, and/or mental disorder conditions could be separated from the fibromyalgia condition and separately rated. I have carefully reviewed the...
AF | PDBR | CY2012 | PD2012-00347
RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW BRANCH OF SERVICE: NAVY NAME: CASE NUMBER: PD1200347 SEPARATION DATE: 20060501 BOARD DATE: 20130102 SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty PH3/E-4 (Photographer’s Mate) medically separated for fibromyalgia. The examiner opined, “Tenderness throughout the back and at all joints is not considered significant in this claimant, particularly the...
AF | PDBR | CY2009 | PD2009-00718
In considering the rating, the Board readily agreed that the MEB, VA examinations, and the service treatment record all indicated that the CI’s symptoms were not controlled by medications, and that the pain was present daily. Other PEB Conditions. Exhibit C. Department of Veterans' Affairs Treatment Record.