RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1201347 SEPARATION DATE: 20030905 

BOARD DATE: 20130227 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty CPT/O-3 (56A/Chaplain) medically separated for 
Crohn’s colitis. He was treated, but was unable to fully perform his military duties. He was 
issued a permanent profile and underwent a Medical Evaluation Board (MEB). The MEB found 
his Crohn’s colitis medically unacceptable, and referred him to a Physical Evaluation Board 
(PEB). No other conditions were listed on DA Form 3947. The PEB found the Crohn’s colitis 
unfitting, and rated it 10%. The CI made no appeals, and was medically separated with a 10% 
disability rating. 

 

 

CI’s CONTENTION: “My disability board rating of 10% for Crohn's Colitis was inconsistent with 
the 30% rating awarded by the VA immediately upon my discharge. While self-employed from 
2003 until 2006 I was forced to buy one health insurance policy for my family and a separate 
high risk plan for myself because of my diagnosis of Crohn's. VA care was insufficient for acute 
and/or emergency care. Although I had several good years with only minor flares, since 2008 I 
have had several flares. The most recent began in November 2011 and is ongoing. I have lost 
over 40 pounds in that time period and missed numerous days of work because of illness and 
medical appointments. My civilian doctor has prescribed Lialda to control the flare (Flagyl was 
used to get the severe onset under control). I am currently petitioning the VA to change my 
disability rating to the 60% level because of these latest developments. I am currently working 
as a DA Civilian employee. A big factor in that decision was the health insurance. I was a 
chaplain in the army and am a minister by profession, but the need to carry high risk insurance 
has a significant financial impact on my career choices since church work normally requires a 
pastor to maintain private health insurance. Having Tri-Care available to me would allow me to 
make career decisions without undue concern for health insurance cost. Note also that the PEB 
standards at the time of my discharge did not recognize Crohn's Colitis and instead used the 
standard for Irritable Colon Syndrome, rather than the higher standards for Ulcerative Colitis, 
which would been more comparable as one of the types of Inflammatory Bowel Disease. The 
"Reasons and Bases" section of my VA Rating Decision form gives a concise summary of the 
state of my Crohn's at the time of my discharge.” 

 

 

SCOPE OF REVIEW: The Board’s scope of review as defined in DoDI 6040.44 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 unfitting gastrointestinal condition (Crohn’s colitis) meets the criteria 
prescribed in DoDI 6040.44, and is accordingly addressed below. No other conditions are 
within the Board’s purview. Any condition outside the Board’s defined scope of review may be 
eligible for future consideration by the Army Board for Correction of Military Records. 

 

 

 

 

 

 


RATING COMPARISON: 

 

Army PEB – dated 20030423 

VA (18 days Pre-Separation) – All Effective 20030906 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Crohn’s Colitis 

7399-7326 

10% 

Crohn’s Colitis 

7399-7323 

30% 

20030710 

.No Additional MEB/PEB Entries. 

Right Shoulder Pain 

5201-5010 

10% 

20030710 

0% x 3 

 

Combined: 10% 

Combined: 40% 



 

 

 

ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed by the CI regarding 
the impairment with which his Crohn’s colitis continues to burden him, and the significant 
impact it has had on his quality of life. It is noted for the record that the Board is subject to the 
same laws for Service disability entitlements as those under which the Disability Evaluation 
System (DES) operates. The DES has neither the role nor the authority to compensate the CI for 
future severity or potential complications of conditions. That role and authority is granted to 
the Department of Veterans Affairs (DVA). The Board evaluates DVA evidence in arriving at its 
recommendations, but its authority resides in evaluating the fairness of DES fitness and rating 
determinations at the time of separation. Compensation can only be granted for the degree of 
severity present at separation. The DVA, however, is empowered to re-evaluate a CI’s 
conditions for the purpose of adjusting the disability rating should the degree of impairment 
change over time. 

 

Crohn’s Colitis. In October 2001, the CI developed gastrointestinal (GI) symptoms. He was 
having diarrhea about 15 minutes after eating a meal. Over the next several weeks the 
diarrhea problem got worse, and the CI was losing weight. He was sent to Gastroenterology for 
evaluation and was diagnosed with Crohn’s disease (CD). He was treated, and his symptoms 
improved. However, in spite of treatment, the CI was not able to fully perform his duties as a 
military chaplain and an MEB was initiated. His GI narrative summary was dictated by Dr. F. on 
18 February 2003. At that time, the CI was having about 3-5 non-bloody stools per day with 
episodic abdominal cramping. Symptoms were aggravated by running and other impact 
aerobic exercise. Body weight had returned to his pre-illness weight. Dr. F. recommended 
regular follow up and daily medications. Because of the transverse colon disease, Dr. F. opined 
that the CI may need surgery in the future. On 11 March 2003, a physical exam (PE) was done 
by Dr. H. and it was essentially normal. The CI had a VA Compensation and Pension (C&P) exam 
in July 2003, 2 months prior to separation. At that time, he reported that the number of stools 
per day varied from 1 to 10. Abdominal exam was normal. As noted above, the CI was found 
unfit for military service and was medically separated from the Army in September 2003. 

 

The PEB and the VA chose different coding and rating options for the CD condition. The PEB 
used code 7326 (chronic enterocolitis), and assigned a rating of 10% (moderate). The VA used 
diagnostic code 7399-7323 (chronic condition analogous to ulcerative colitis), and rated it 30% 
(moderately severe). The Board carefully examined all evidentiary information available, and 
directs attention to its coding and rating recommendations based on the above evidence. The 
Board determined that the VA had in fact, used the most appropriate coding option. Crohn’s 
colitis is an inflammatory bowel disease. It is appropriate to consider it analogous to ulcerative 
colitis (UC). The Board then determined that, based on the evidence in the treatment record, 
the CI’s colitis condition was best described as moderate, with infrequent exacerbations. After 
due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), 
the Board recommends by majority decision (2:1 vote) a disability rating of 10% for the CD 
condition. It is appropriately coded 7399-7323, and IAW VASRD §4.114, meets criteria for the 
10% rating level. 

 


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 Crohn’s disease, the Board recommends by majority 
decision (2:1 vote) a disability rating of 10%, coded 7399-7323 IAW VASRD §4.114. The single 
voter for dissent (who recommended 30%) did not elect to submit a minority opinion. There 
were no other conditions within the Board’s scope of review for consideration. 

 

 

RECOMMENDATION: The Board, therefore, recommends that the CI’s prior determination be 
modified as follows, effective as of the date of his prior medical separation: 

 

UNFITTING CONDITION 

VASRD CODE 

RATING 

Crohn’s Disease, moderate 

7399-7323 

10% 

COMBINED 

10% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120727, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxxxxx, DAF 

 Acting Director 

 Physical Disability Board of Review 

 


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 xxxxxxxxxxxxxxxxxxxxxx, AR20130006289 (PD201201347) 

 

 

1. 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 to modify the individual’s disability description without modification of the 
combined rating or recharacterization of the individual’s separation. This decision is final. 

 

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. 

 

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 xxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)