RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1201559 DATE OF PLACEMENT ON TDRL: 20020225 

BOARD DATE: 20130116 DATE OF PERMANENT SEPARATION: 20031105 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty PFC/E-3 (13F10/Fire Support Specialist), medically 
separated for asthma. The CI began having wheezing, shortness of breath, and chest tightness 
during physical therapy (PT). He did not improve adequately with inhalational medications to 
meet the physical requirements of his Military Occupational Specialty (MOS) or satisfy physical 
fitness standards. He was issued a permanent P4 profile and referred for a Medical Evaluation 
Board (MEB). Asthma was forwarded to the Physical Evaluation Board (PEB) as medically 
unacceptable IAW AR 40-501. There were no other conditions on the MEB submission. The 
PEB adjudicated the asthma condition as unfitting, rated 60%, with application of the Veteran’s 
Affairs Schedule for Rating Disabilities (VASRD). However, the US Army Physical Disability 
Agency (USAPDA) reviewed the case and recommended a 30% rating. The PEB changed the 
rating to 30% and the CI was placed on Temporary Disability Retired List (TDRL). The CI was 
reevaluated over a year later and the PEB adjudicated the asthma condition as unfitting, rated 
10%, with application of the VASRD. The CI made no appeals, and was medically separated 
with a 10% disability rating. 

 

 

CI CONTENTION: “Asthma (My rating was 30%) This conditions [sic] limits my abilities 
tremendously. I couldn’t make an appointment and never knew how to get another one and 
get help. I also lost my.” 

 

 

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 requested for 
consideration meets the criteria prescribed in DoDI 6040.44 for Board purview, and is 
accordingly addressed below. Any condition 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 20030902 

VA – All Effective Date 20060424 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

On TDRL – 
20011019 

 

TDRL 

Sep. 

Asthma 

6602 

30% 

10% 

Asthma 

6602 

0%* 

20060830 

No Additional MEB/PEB Entries 

Combined: 10% 

Combined: 0%* 



*VA rated 0% because the CI did not report for his C&P exam on 20060830. 

 


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. 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 DVA, however, 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 the degree of 
impairment vary over time. 

 

Asthma Condition. The MEB narrative summary (NARSUM) in June 2001, 8 months prior to 
TDRL-entry, cited the pulmonary function test (PFT) in December 2000. That PFT showed a pre-
bronchodilator FEV-1 of 55% predicted and FEV-1/FVC of 44%, upon which the PEB based its 
rating of 60% for code 6602. The USAPDA returned the case and the PEB rating was changed to 
30% by applying, instead, the post-bronchodilator PFT results. There was no VA exam 
proximate either to entry into TDRL or at exit from TDRL. The TDRL NARSUM in July 2003, 4 
months before TDRL-exit, reported results of a PFT in May 2003 which showed a pre-
medication FEV-1 of 58% predicted and an FEV-1/FVC of 62.8%. The CI reported that he used 
inhaler medication daily, as well as weekly rescue inhalers. The PEB, citing “far less than daily 
use of inhalational medications” based on the available pharmacy records, assigned a final 
rating of 10%. 

 

Pulmonary Exam 

MEB ~30 Mo. Pre-Sep 

TDRL Eval ~4 Mo. Pre-Sep 

Pre-Med 

Post-Med 

Pre-Med 

Post-Med 

FEV-1 (% Predicted) 

55 

67 

58 

“10% better” 

FEV-1/FVC (%) 

44 

56 

62.8 

“10% better” 

Meds 

Flovent, Singulair, Serevent, 
& Albuterol avg 4x/day 

“Albuterol, Salmeterol, and Flovent” 

(see text) 

§4.97 Rating 

30% 

30% (PEB 10%) 



 

The Board directs attention to its rating recommendation based on the above evidence. The 
TDRL-entry rating of 30% was supported by all of the data. There were no hospitalizations or 
courses of systemic corticosteroids to support a higher rating. VASRD guidance in effect at that 
time matched the former DoDI language for post-bronchodilator PFT use for ratings and mirrors 
the current VASRD §4.96 provisions added in 2006. The PEB at TDRL-exit rated the asthma 
condition at 10% based on available pharmacy records, which indicated less than daily 
medication use. However, the PFT results cited in the TDRL NARSUM were within the rating 
criteria range for 30%, for both FEV-1 and FEV-1/FVC, as charted above; the estimated “10% 
better” results with pre-treatment were still within the 56-70% criteria for a 30% rating. The 
Board also discussed the use of daily controller medications by prescription requirement and 
NARSUM statement versus medication profile, but the PFTs alone supported the 30% rating. 
After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable 
doubt), the Board recommends a final TDRL exit 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. In the matter of the 
asthma condition, the Board unanimously recommends a a permanent disability rating of 30%, 
coded 6602, IAW VASRD §4.97. There were no other conditions within the Board’s scope of 
review for consideration. 

 

 

RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as 
follows; TDRL entry at 30%, 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 

RATING 

PERMANENT 

Asthma 

6602 

30% 

COMBINED 

30% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120808, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxxxxxx, 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 xxxxxxxxxxxxxxxxxxxx, AR20130007476 (PD201201559) 

 

 

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 day suspense date: 

 

 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. 

 

 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 xxxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)