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AF | PDBR | CY2012 | PD2012 01507
Original file (PD2012 01507.rtf) Auto-classification: Denied
RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:    CASE: PD1201507
BRANCH OF SERVICE: Army  BOARD DATE: 20130417
SEPARATION DATE: 20020505


SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty PFC/E-3 (11B/Infantry) medically separated for recurrent heat exhaustion. The CI experienced heat exhaustion for the first time during a training exercise at the National Training Center at Fort Irwin, California in June of 2001. He was treated and returned to duty. Subsequently, he experienced two additional episodes. The condition could not be adequately rehabilitated to meet the physical requirements of this Military Occupational Specialty. He was given a permanent P4 profile and was referred to the Medical Evaluation Board (MEB). The recurrent heat exhaustion was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. No other conditions were submitted by the MEB. The PEB adjudicated the recurrent heat exhaustion condition as unfitting, rated 0%. The CI made no appeals, and was medically separated with that rating.


CI CONTENTION: I have none of the other symptoms of ‘hyperthroidism’ & cannot receive a true judgment on my rating until my diagnosis that led to discharge is changed.


SCOPE OF REVIEW: The Board’s scope of review is defined in DoDI 6040.44, Enclosure 3, paragraph 5.e. (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 recurrent heat exhaustion condition is addressed below, and, no additional conditions are within the DoDI 6040.44 defined purview of the Board. 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 Board for Correction of Military Records.


RATING COMPARISON :

Service IPEB – Dated 20020213
VA - (2 Mos. Pre-Separation)
Condition
Code Rating Condition Code Rating Exam
Recurrent Heat Exhaustion 7999-7900 0% Recurrent Heat Exhaustion 7999-7900 0% 20020319
No Additional MEB/PEB Entries
Other x 2 20020319
Combined: 0%
Combined: 0%
Derived from VA Rating Decision (VA RD ) dated 200 20502 ( most proximate to date of separation [ DOS ] ).


ANALYSIS SUMMARY:

Recurrent Heat Exhaustion Condition. Service treatment records (STRs) indicated initial heat related injury occurred while training as infantryman in June 2001. Five days after the initial injury, the CI suffered another episode of heat exhaustion. In September 2001, the CI was able to perform a 12 mile ruck march when placed in cooler climate but was unsuccessful in meeting other requirements of completing his training. The day following the ruck march, he presented to the emergency room where it was determined he had suffered a third heat related illness or rhabdomyolysis. The CI was placed on quarters for several days until laboratory work ups were normal. Chest X-rays, 24 October 2001, revealed normal heart and lungs. The CI was placed on permanent profile, 17 December 2001, which limited airborne operations. The commander statement indicated the CI could not perform his duties as a soldier due to physical limitations produced by multiple heat injuries. At the MEB narrative summary evaluation, on 12 December 2001, 5 months prior to separation, the CI was asymptomatic, and no additional heat injuries were recorded. Physical examination recorded a blood pressure of 118/78, resting heart rate (pulse) of 88 and an unremarkable physical exam. There was no history of loss of consciousness or seizure activity. There is no entry in the STR recording a pulse rate of 100 or higher. The physician opined, “his prognosis is good. It is most likely that after he gets off active duty, he will always be at slight risk to be a heat casualty again but this should not affect his ability to become a fully productive member of society. At the Compensation and Pension examination, 19 March 2002, less than 2 months prior to separation, physical examination was unremarkable; his pulse was noted at 64 beats per minute, and normal blood pressure recorded.

The Board directs attention to its rating recommendation based on the above evidence. The PEB and the VA found the heat illness condition unfitting, coded analogously to hyperthyroidism (7900), and rated the condition at 0% based on recurrent heat injuries. The analogous code is in common use for heat illness. The code requires at least intermittent tachycardia and tremor or the need for continuous medication to achieve the minimum compensable rating (10%). None of these requirements were met. 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 heat injury condition. There is no evidence that would justify a different coding/rating recommendation.


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 recurrent heat exhaustion condition and IAW VASRD §4.119, 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:

UNFITTING CONDITION
VASRD CODE RATING
Recurrent Heat Exhaustion 7999-7900 0%
COMBINED
0%




The following documentary evidence was considered:

Exhibit A. DD Form 294, dated 20120807, w/atchs
Exhib
it B. Service Treatment Record
Exhibit C. Department of Veterans
’ Affairs Treatment Record




         Physical Disability Board of Review



SFMR-RB                                                                         


MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB),

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for AR20130010217 (PD201201507)


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                                                 
                                                      (Army Review Boards)

CF:
( ) DoD PDBR
( ) DVA

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