RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20020429
NAME: XXXXXXXXXXXXXXX
CASE NUMBER: PD1200422
BOARD DATE: 20130205
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
status post (s/p) mitral valve ring repair with post-operative atrial fibrillation on chronic
anticoagulation and antiarrhythmic therapy. The CI was diagnosed with mitral regurgitation
(MR) in 1995 and he underwent a repair of the mitral valve annular ring in November 1998. In
March 1999, atrial fibrillation was discovered and after anticoagulation, he underwent
cardioversion with return to normal sinus rhythm in September 1999. A Physical Evaluation
Board (PEB) previously found the CI fit for duty on two occasions, once in June 1998 after
experiencing recurrent rhabdomyolysis and again in February 2001 for the s/p mitral valve ring
repair on chronic anticoagulation and anti-arrhythmic therapy condition. This second duty
determination of “fit” was preceded by the CI non-concurring a PEB’s initial adjudication of a
10% disability rating and then an Informal Reconsideration by the PEB determined the CI to be
fit for duty. The CI was to be involuntarily separated 31 December 2001 when he was referred
for a third Medical Evaluation Board (MEB) that convened in January 2002. He was issued a P3
profile for these conditions in November 2000. The MEB identified chronic anticoagulation,
history of MR s/p mitral valve annular ring repair and exertional rhabdomyolysis, and
forwarded them as medically unacceptable for PEB adjudication. The PEB adjudicated the s/p
mitral ring repair with post-operative atrial fibrillation on chronic anticoagulation and anti-
arrhythmic therapy as unfitting and rated it 0%, with application of the Veterans Affairs
Schedule for Rating Disabilities (VASRD). The remaining condition, exertional rhabdomyolysis
was determined to be not unfitting. The CI made no appeals, and was medically separated with
a 0% disability rating.
CI CONTENTION: “The Army rated me for only one condition which the VA does not rate but I
did not receive a rating from the Army for status post-operative pericarditis and residuals of
mitral valve repair or hypertension for which I received a VA rating.”
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 the unfitting chronic anticoagulation and history of MR s/p mitral annular ring repair
conditions will be reviewed. The other requested conditions, hypertension and pericarditis are
not within the Board’s purview. 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 service Board for Correction of Military Records.
Code
Rating
Exam
7099-7000
RATING COMPARISON:
Rating
0%
20010221
20010221
20010221
30%
0%
10%
5099-5025
7101
Code
7099-
7016-
7010
Not Unfitting
VA (14 Mos. Pre-Separation) – All Effective Date 20020102*
Condition
s/p pericarditis and residuals of
mitral valve repair
Exertional Rhabdomyolysis
Hypertension
0% x3 / Not Service-Connected x4
Combined: 40%
Service IPEB – Dated 20020124
Condition
S/P mitral ring repair w/
post op atrial fibrillation on
chronic anticoagulation
Exertional Rhabdomyolysis
↓No Additional MEB/PEB Entries↓
Combined: 0%
*The VARD dated 20030127 made no changes to rated conditions and added four NSC conditions based on C&P exam dated
20021022; The VARD effective date remained 2 January 2002 despite the fact the separation date was 29 April 2002.
ANALYSIS SUMMARY: The Board notes the current VA ratings listed by the CI for all of his
conditions, but must emphasize that its recommendations are premised on severity at the time
of separation. The VA ratings that it considers in that regard are those rendered most
proximate to separation. The Disability Evaluation System (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). The Board further notes that the presence of a
diagnosis, in and of itself, is not sufficient to render a condition unfitting and ratable. 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. However, the DVA, operating under a different
set of laws (Title 38, United States Code), is empowered to periodically re-evaluate Veterans for
the purpose of adjusting the disability rating should the degree of impairment vary over time.
The PEB applied an analogous code of 7099-7016-7010 for the s/p mitral ring repair with post-
operative atrial fibrillation (AFib) and rated it 0%. This coding scheme reflected a bundling of
MEB conditions into a single unfitting condition. The Board must apply separate codes and
ratings in its recommendations if compensable ratings for each condition are achieved IAW
VASRD §4.104. If the Board judges that two or more separate ratings are warranted in such
cases, however, it must satisfy the requirement that each “unbundled” condition was
reasonably justified as unfitting in and of it. Not uncommonly, this approach by the PEB reflects
its judgment that the constellation of conditions was unfitting, and that there was no need for
separate fitness adjudications, not a judgment that each condition was independently unfitting.
Thus, the Board must exercise the prerogative of separate fitness recommendations in this
circumstance, with the caveat that its recommendations may not produce a lower combined
rating than that of the PEB.
The first task of the Board is to “unbundle” the two conditions and determine if each was
separately unfitting. The first condition to be considered will be the MEB diagnosis of “mitral
regurgitation with mitral valve prolapse, status post mitral annular ring repair” (MR w/ mitral
valve prolapsed (MVP)s/p repair), then the MEB diagnosis of “chronic anticoagulation for a
history of AFib” condition will be considered for fitness determinations. The CI had a
permanent profile in place when his MR w/ MVP was surgically corrected. Because of the
limitations on that permanent profile, a new profile was not required. In November 2000, the
CI underwent a PEB for the MR w/ MVP s/p repair condition and was adjudicated as fit for duty
after an Informal Reconsideration PEB. That PEB document cited the following: “Officer has
continued to carry out his assigned duties despite his medical problems. His physical profile is
not unduly restrictive, permitting functional activities. He can take and pass an alternate Army
Physical Fitness Test.” His MR w/ MVP s/p repair condition had been stable for over 2 years
prior to separation. After due deliberation, the Board agreed that evidence does not support a
conclusion that the MR with MVP, s/p mitral annular ring repair, as an isolated condition, would
have rendered the CI incapable of continued service within his Military Occupational Specialty,
and accordingly cannot recommend a separate rating for it.
The chronic anticoagulation for a history of atrial fibrillation (AFib) will be considered as an
entity for fitness determination and if found to be unfitting will be rated accordingly. In
November 2000, the CI underwent a PEB for the chronic anticoagulation for a history of AFib
and he was determined to be fit for duty after an Informal Reconsideration PEB. The CI had no
documented episodes of AFib within the 2 year period prior to separation, as his AFib was well
controlled on medication. If the CI had not required chronic anticoagulation therapy for his
AFib, this condition would have been found not unfitting. However, chronic anticoagulation
therapy alone is medically unacceptable for continued military service IAW AR 40-501. The
Board’s deliberations concluded that the chronic anticoagulation for a history of AFib condition
was reasonably justified as separately unfitting and therefore was considered for a separate
disability rating.
Chronic Anticoagulation For A History Of Atrial Fibrillation (AFib). At the MEB exam prepared 3
months prior to separation, the CI reported taking Coumadin and that he sometimes felt
pressure in his chest under stress. He had a mitral valve repair in November 1998 and an
abnormal heartbeat corrected in 1999. He took Lopressor, Coumadin and an anti-arrhythmic
medication. The MEB physical exam noted normal lungs, heart and lower extremities with an
electrocardiogram (EKG) result of normal sinus rhythm with a first degree heart block.
The MEB narrative summary prepared 3 months prior to separation, noting the CI was on
chronic anticoagulation for a history of AFib. He was diagnosed with MR in 1995 and he
underwent an uncomplicated repair of the mitral valve annular ring in November 1998.
Anticoagulation therapy was
His
anticoagulation therapy was discontinued 3 months after the CI’s surgical procedure. Between
March and September 1999, the CI had 2 incidental findings of AFib with each episode
terminated by successful elective cardioversion. The CI’s anticoagulation was continued and he
was started on Anti-Arrhythmic medications. Throughout the next year, the CI did well,
remained asymptomatic without dyspnea on exertion, orthopnea, edema or palpitation, and
remained in normal sinus rhythm. In June 2000, the patient had a 24-hour Holter that showed
normal sinus rhythm without any evidence of AFib. In February 2000, the CI had a PEB and was
found fit for duty under his current profile. The patient continued to do well, denying any
palpitations, chest pain and exertional symptoms. Prior to his final PEB, the CI had a cardiology
evaluation on 15 January 2002 that revealed he was still taking anti-arrhythmics and Coumadin.
He denied chest pain, shortness of breath, edema or dyspnea on exertion and was doing
sporadic exercise. Physical examination showed his lungs were clear to auscultation bilaterally,
he had no jugular venous distension or carotid bruits. Cardiac exam showed a regular rate and
rhythm with normal heart sounds and no murmurs. His lower extremities showed no edema.
EKG revealed a normal sinus rhythm with a first degree AV block consistent with prior EKGs.
The CI underwent a full Bruce graded exercise test for assessment of functional capacity. He
exercised for 9 minutes on a full Bruce protocol obtaining 10 METS of effort and was essentially
normal. His present condition was stated as stable, with normal rhythm and current functional
capacity of 10 METS. Conclusion made by the cardiologist was that the CI was in stable
initiated and the patient was returned to duty.
condition but currently failed to meet retention criteria, IAW AR 40-501, para 3-21m, as he was
on chronic Coumadin therapy, which would interfere with his duty requirements and
assignments.
At the VA Compensation and Pension (C&P) exam performed 6 months after separation, the CI
reported that in 1996, he developed symptoms of shortness of breath and chest pain. In
addition to the history noted above, the C&P examination included the following details: He
stated that he had episodes of congestive heart failure and underwent management of
pericarditis in 1998. He denied any history of rheumatic heart disease and that his current
treatment for his cardiac problems is Coumadin. He was under constant and continuous
treatment for his heart condition by a VA physician. Physical examination revealed a normal
neck, lung and heart exam. There was no evidence of congestive heart failure, cardiomegaly, or
cor pulmonale and no lower extremity edema was noted. Several diagnostic tests were
performed in October 2002: chest X-ray: No active cardiopulmonary disease noted; EKG:
normal sinus rhythm, first degree A-V block; exercise treadmill test was essentially normal. The
CI had cardiac disease resulting in slight limitation of physical activity, was comfortable at rest
and in the performance of ordinary, light, daily activities; greater than ordinary physical activity,
such as heavy physical exertion, results in fatigue, palpitation, dyspnea, or anginal pain.
Recommendations: The CI could perform at his usual daily activities without any limitation or
restrictions. In regards to his occupation, he could perform at his usual occupation. He should
have avoided those activities that required strenuous activity, heavy lifting, and pushing,
shoving or prolonged mobilization.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB applied an analogous code of 7099-7016-7010 for the bundled s/p mitral ring repair with
post-operative atrial fibrillation, last episode in September 1999 prior to cardioversion on
chronic anticoagulation and anti-arrhythmic therapy conditions and rated it 0%. The VA did not
rate the chronic anticoagulation for a history of atrial fibrillation condition. The AFib condition
is rated using the VASRD code 7010, Supraventricular arrhythmias, as AFib is a type of
supraventricular arrhythmia. The criteria utilized for rating this condition are based on the
frequency of the episodes per year with more than 4 episodes equating with a 30% evaluation
and 1 to 4 episodes per year equating with a 10% evaluation. The CI had no documented
episodes of AFib within the 2-year period prior to separation, as his AFib was well controlled on
medication. Citing VASRD §4.31 (Zero percent evaluation), “In every instance where the
schedule does not provide a 0% evaluation for a diagnostic code, a 0% evaluation shall be
assigned when the requirements for a compensable evaluation are not met.” The CI’s well-
controlled AFib was unfitting, due to the chronic anticoagulation requirement. However, it did
not meet the requirements for a compensable rating IAW VASRD §4.104 Schedule of ratings-
cardiovascular system. After due deliberation, considering all of the evidence and mindful of
VASRD §4.3 (Resolution of reasonable doubt), the Board recommends a disability rating of 0%
for the chronic anticoagulation for a history of atrial fibrillation condition. Application of VASRD
code 7010, Supraventricular arrhythmias, as the only unfitting condition present conferred no
rating advantage to the CI, therefore no change from the PEB designation is recommended.
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 s/p mitral valve ring repair with post-operative atrial
fibrillation on chronic anticoagulation and anti-arrhythmic therapy condition, 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
Status Post Mitral Ring Repair with Post-operative Atrial
Fibrillation on Chronic Anticoagulation
VASRD CODE
7099-7016-7010
RATING
0%
COMBINED
0%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120424, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXXXXX, DAF
Director
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / XXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXX, AR20130002821 (PD201200422)
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
XXXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
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