RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20090112
NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200372
BOARD DATE: 20121116
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was a CPT/O-3 (14A, Air Defense Officer) medically separated for
ulcerative colitis (UC). She was treated, but did not improve adequately to fully perform her
military duties or meet physical fitness standards. She was issued a permanent profile and
underwent a Medical Evaluation Board (MEB). The MEB found her ulcerative colitis condition
medically unacceptable, and referred her to a Physical Evaluation Board (PEB). Two other
conditions (bilateral wrist ganglion cyst & intermittent left knee pain) were also listed on the DA
Form 3947. The PEB found the ulcerative colitis condition unfitting, and rated it 10% IAW the
VA Schedule for Rating Disabilities (VASRD). The wrist and knee conditions were adjudicated as
not unfitting. The CI accepted the PEB findings, and was medically separated with a 10% rating.
CI CONTENTION “Chronic illness that will fluctuate through the rest of my life. I have had
several flare ups since leaving the military and recently had another flare up in Oct 2011-Jan
2012. The flare ups prevented me from attending CCC; hindering my military career. This
currently still affects my daily activities.”
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 ulcerative colitis condition meets the criteria prescribed in
DoDI 6040.44 for Board purview, and is accordingly addressed below. No other condition is
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 the Correction of Military Records.
RATING COMPARISON:
Army PEB – dated 20080924
VA (2 mos. Post-Separation) – All Effective 20100223
Condition
Ulcerative Colitis
Code
7323
Rating
10%
Bilat. Wrist Ganglion Cysts
Not Unfitting
Left Knee Pain
Not Unfitting
↓No Additional MEB/PEB Entries↓
Combined: 10%
Condition
Ulcerative Colitis
Arthritis, Right Wrist
Sprain, Left Wrist
Scar, Left Knee
Status Post ACL Reconstruction
with Fibrositis and Arthritis, Left
Knee
Code
7323
5010-5215
5299-5215
7804
Rating
30%
10%
0%
10%
Exam
20100726
20100726
20100726
20100726
5010-5260
10%
20100726
None
Combined: 50%
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed by the CI regarding
the significant impact that her ulcerative colitis condition has had on her quality of life.
However, the Disability Evaluation System (DES) has neither the role nor the authority to
compensate service members for future severity or potential complications of unfitting medical
conditions. This role and authority is granted by Congress to the Department of Veterans’
Affairs (DVA). The Board uses DVA evidence proximal to separation in arriving at its
recommendations, but the Board’s authority resides in evaluating the fairness of DES fitness
determinations and rating decisions at the time of separation. Post-separation evidence is
probative only to the extent that it reasonably reflects the disability and fitness implications at
separation.
Ulcerative Colitis (UC). In February 2005 after exercising, the CI had an episode of bloody
diarrhea. Her problem was initially diagnosed as hemorrhoids. Ten months later (December
2005) she was seen by gastroenterology and was diagnosed with ulcerative colitis (proctitis).
Many different treatment options were tried. Eventually, it was found that her symptoms were
controlled with low-dose Imuran (Azathioprine) therapy. Due to her chronic gastrointestinal
(GI) disease, an MEB was initiated. Her MEB clinical evaluation was in August 2008, at
Landstuhl Regional Medical Center (LRMC). At that time, she was asymptomatic and her GI
disease was in remission. Physical examination of the abdomen was unremarkable, except for
some tenderness in the left lower quadrant. As noted above, she was medically separated from
the Army on 12 January 2009, with a 10% disability rating. On 26 July 2010, the CI had a VA
Compensation and Pension (C&P) exam. At that time, she was trying to get pregnant, and her
medication had been switched from Imuran to Lialda (Mesalamine). Physical examination of
the abdomen was unremarkable.
The Board carefully reviewed all evidentiary information available. At the time of separation
from service, the CI was taking low-dose Imuran therapy. She was asymptomatic and her GI
disease was in remission. IAW VASRD §4.114 (diagnostic code 7323), a rating of 10% is
warranted when ulcerative colitis is moderate, with infrequent exacerbations. The Board
determined that at the time of separation, since she was asymptomatic and her GI disease was
in remission, it is reasonable to conclude that her UC condition was moderate, with infrequent
exacerbations. The Board unanimously recommends a disability rating of 10% for the UC
condition. It is appropriately coded 7323, and meets criteria for the 10% rating level. A higher
rating of 30% is not warranted, unless the UC condition was moderately severe, with frequent
exacerbations. 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 ulcerative colitis (proctitis) 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 ulcerative colitis (proctitis) condition and IAW VASRD
§4.114, 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
7323
COMBINED
10%
10%
Ulcerative colitis (proctitis)
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120420, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXXXXX
President
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / ), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXXXXXX, AR20120021435 (PD201200372)
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
CF:
( ) DoD PDBR
( ) DVA
XXXXXXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
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