RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1201055 SEPARATION DATE: 20020606
BOARD DATE: 20130320
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 Logistical Specialist),
medically separated for chronic bilateral breast pain, status post (s/p) reduction mammoplasty.
Despite bilateral breast reduction surgery, medication, follow-up with General Surgery, and a
Pain Management evaluation, the CI failed to meet the physical requirements of her Military
Occupational Specialty (MOS) or satisfy physical fitness standards. She was issued a permanent
P3 profile and was initially referred for a MOS/Medical Retention Board (MMRB) in January
2002. However, the MMRB directed that she be referred for a Medical Evaluation Board (MEB).
The MEB forwarded Bilateral Chronic Breast Pain to the Physical Evaluation Board (PEB). The
MEB forwarded no other conditions for PEB adjudication. The PEB adjudicated Chronic
Bilateral Breast Pain S/P Reduction Mammoplasty condition as unfitting, rated 10% for
moderate/frequent pain with application of the US Army Physical Disability Agency (USAPDA)
pain policy. The CI made no appeals, and she was medically separated with a 10% disability
rating.
CI CONTENTION: I have steady pain during heavy periods, also fever and cramping. Still
unable to conceive. Left shoulder has lost of range of motion. Had to change jobs due to the
inability of % 100 percent of use of left and right shoulder. Ive revived an injection of Lanacane
& steroid in left shoulder that increased pain. From PM & RS musculosketetal office at VA in
Houston, TX Debakey. Room 2B-301, 2nd floor.
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 condition of chronic bilateral breast
pain, as requested for consideration, meets the criteria prescribed in DoDI 6040.44 for Board
purview and is addressed below. The other requested conditions are not within the Boards
purview. 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 IPEB Dated 20020514
VA (3 Mos. Pre-Separation) All Effective Date 20020606
Condition
Code
Rating
Condition
Code
Rating
Exam
Chronic Bilateral Breast
Pain, status post
reduction mammoplasty
5099-5003
10%
Residual Painful Scar from status
post Bilateral Reduction
Mammoplasties
7626-7804
10%
20020318
.No Additional MEB/PEB Entries.
Status Post Bilateral
Salpingectomy
7614
30%
20020318
Right Shoulder Strain
5203-5014
10%
20020318
0% X 2 / Not Service-Connected x 3
20020318
Combined: 10%
Combined: 40%
ANALYSIS SUMMARY: The Boards authority as defined in DoDI 6040.44, resides in evaluating
the fairness of Disability Evaluation System (DES) fitness determinations and rating decisions for
disability at the time of separation. The Board utilizes service and VA evidence proximal to
separation in arriving at its recommendations and DoDI 6040.44 defines a 12-month interval for
special consideration of post-separation evidence. Post-separation evidence is probative only
to the extent that it reasonably reflects the disability and fitness implications at the time of
separation.
Chronic Bilateral Breast Pain, S/P Reduction Mammoplasty Condition. The CI started with
complaints of swollen breasts and soreness that caused back pain during running in February
1999. The breast complaints were unrelated to her menstrual cycle but instead were attributed
to the breast size of an estimated 40D. At that time, a potential breast reduction was first
considered and the CI underwent a bilateral breast reduction mammoplasty in September
1999. The CIs post-operative history of breast pain and tenderness in the scar area bilaterally
is well documented in the service treatment record (STR). The CI was given a sick slip in April
2000 for complaints of unbearable pain and soreness under the left breast, along the incision
scars with tenderness to palpation, and around the nipples after running with activity
restrictions for a week. There was more soreness in the left breast and the surgeon ordered an
ultrasound to rule out a fluid collection or mass lesion; however, the ultrasound was negative.
Pain management evaluated the CI in June 2000 for chronic bilateral mastalgia and
recommended a medication for neuropathic pain (Neurontin). The CI was issued a permanent
P3 Profile in January 2001 for bilateral breast pain with limitations of no running or high impact
aerobic activities. Because of continued bilateral breast pain, the CI was again seen by General
Surgery and the P3 Profile was continued. The MEB narrative summary (NARSUM) examination
2 months prior to separation indicated that the CI had moderate and frequent pain made worse
by lifting overhead and bending over as well as an inability to run or perform greater than
twenty five pushups, all due to pain. The physical examination findings were scars under both
breasts and bilateral breast tenderness to palpation in the outer aspects of her breasts. The
commanders statement opined that the CIs condition was worse that her profile stated and
that she was unable to lift more than twenty pounds or raise her arms above shoulder level
without severe discomfort which rendered her totally incapable of performing her MOS
duties in a combat environment. The VA Compensation and Pension (C&P) examination 3
months prior to separation documented pain, bruising, and itching at the level of the breast
scars especially with activities. The physical exam findings were a right breast inferior scar
measuring 20cm x 0.3cm and a left breast inferior scar measuring 20cm x 0.3 cm, linear in
shape, dark color with disfigurement, and tenderness. The examiner opined that there was
chronic tenderness overlying the disfiguring scars.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB coded the chronic bilateral breast pain, s/p reduction mammoplasty condition analogous to
5003 Arthritis, degenerative (hypertrophic or osteoarthritis) rated 10% with application of the
USAPDA pain policy. The VA coded the residual painful scar from reduction mammoplasties
7626 Breast, surgery of with 7804 Scars, unstable or painful rated 10% for one or two scars that
are unstable or painful. All exams throughout the STR documented painful scars and
tenderness to palpation over the scars under both breasts. The NARSUM and C&P exams
indicated that there was bilateral breast tenderness to palpation in the outer aspects and
chronic tenderness overlying the disfiguring scars. The Board agreed that the CI clearly met the
criteria for 7626 Breast, surgery of with 7804 Scars, unstable or painful: One or two scars that
are unstable or painful. 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 chronic bilateral breast pain, s/p reduction
mammoplasty 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. As discussed above, PEB
reliance on the USAPDA pain policy for rating the chronic bilateral breast pain, s/p reduction
mammoplasty condition was operant in this case and the condition was adjudicated
independently of that policy by the Board. In the matter of the chronic bilateral breast pain,
s/p reduction mammoplasty condition and IAW VASRD §4.116, 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:
UNFITTING CONDITION
VASRD CODE
RATING
Chronic Bilateral Breast Pain, status post Reduction Mammoplasty
5099-5003
10%
COMBINED
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120706, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
xxxxxxxxxxxxxxxxxxxxx, DAF
Acting Director
Physical Disability Board of Review
FMR-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 xxxxxxxxxxxxxxxxxxxxx, AR20130007448 (PD201201055)
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 xxxxxxxxxxxxxxxxxxxxxx
Deputy Assistant Secretary
(Army Review Boards)
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