RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

BRANCH OF SERVICE:  ARMY  
SEPARATION DATE:  20090209 

 
NAME:  XXXXXXXXXXXXXXXXXX 
CASE NUMBER:  PD1200446 
BOARD DATE:  20130103 
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  SSG/E-6  (35G30/Imagery  Analyst),  medically 
separated for diabetes mellitus (DM), Type 2.  The CI was first diagnosed with DM in 1998.  She 
was  issued  a  permanent  P3U2L2  profile  and  referred  for  a  Medical  Evaluation  Board  (MEB).  
The  MEB  referred  the  CI  to  the  Physical  Evaluation  (PEB)  which  returned  the  CI  to  duty  on 
23 December  1999.    In  2003,  she  met  a  Military  Occupational  Specialty  (MOS)  Medical 
Retention Board and was retained in her MOS.  She deployed in 2006 and was returned early 
secondary to poor control of her DM.  After returning to her home station, she remained in 
poor control and was thought to be poorly compliant.  She did not meet all the requirements of 
her MOS and was issued a P3U2L2 and referred for another MEB.  The MEB determined that 
the  DM  did  not  meet  retention  standards  and  forwarded  the  DM  condition  to  the  PEB.  
Migraine  headaches,  bilateral  knee  pain,  high  cholesterol,  hypertension,  herpes  and  left 
shoulder pain conditions, identified in the rating chart below, were also forwarded by the MEB.  
The PEB adjudicated the DM, Type 2 condition as unfitting, rated 20%, with application of the 
Veterans  Affairs  Schedule  for  Rating  Disabilities  (VASRD).    The  other  conditions  were 
determined to be not unfitting.  The CI made no appeals and was medically separated with a 
20% disability rating.   
 
 
CI CONTENTION:  “Based off the rating criteria diabetes is my life.  my day to day and meals, 
exercise,  everything  revolves  around  my  condition  at  that  time  I  required  more  than  3 
injections daily Since then I have been put on Insulin pump.  I don’t believe 20% was a fair and 
accurate  rating  for  my  condition.    I  also  required  blood  sugar  testing  before  and  after  each 
meal, and morning & bed time testing.”   
 
 
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  DM,  Type  2  condition  meets  the 
criteria  prescribed  in  DoDI  6040.44  for  Board  purview  is  addressed  below.    The  remaining 
conditions rated by the VA at separation and/or listed on the DD Form 294 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 
Army Board for Correction of Military Records.   
 
 
 
 
 
 

Code 
7913 
8620 
8620 
8100 
5260-5024 
5260-5024 

VA (~1 Mo. Post-Separation) – All Effective Date 20090210 
Condition 
Type II Diabetes Mellitus  
Right Lower Extremity Neuritis  
Left Lower Extremity Neuritis 
Migraines  
Right Knee Strain  
Left Knee Strain  
NO VA ENTRY 
Hypertension (Claimed as HTN) 
Genital Herpes Simplex 2 
Left Shoulder Strain 
Depressive Disorder  
Lumbar Scoliosis and Strain 
Left Hip Bursitis 
Acne 
0% X 7/Not Service-Connected x 5 
Combined:  90% 

7101 
7820-7806 
5201-5024 
9434 
5237 
5252-5019 
7828 

Exam 
20081125 
20081125 
20081125 
20081125 
20081125 
20081125 

20081125 
20081125 
20081125 
20081120 
20081125 
20081125 
20081125 
 

Rating 
20% 
10% 
10% 
10% 
10% 
10% 

0% 
30% 
10% 
30% 
20% 
10% 
10% 

 
 
 
RATING COMPARISON:   
 

Service IPEB – Dated 20081021 
Condition 

Code 

Diabetes Mellitus, Type 2 

7913 

Migraine Headaches 

Bilateral Knee Pain 

High Cholesterol 
Hypertension 
Herpes 
Left Shoulder Pain 

Not Unfitting 
Not Unfitting 
Not Unfitting 
Not Unfitting 
Not Unfitting 
Not Unfitting 

↓No Additional MEB/PEB Entries↓ 

Rating 

20% 

Combined:  20% 

 
 
ANALYSIS SUMMARY:  The Disability Evaluation System (DES) is responsible for maintaining a fit 
and  vital  fighting  force.    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 DES 
has neither the role nor the authority to compensate members for anticipated future severity 
or  potential  complications  of  conditions  resulting  in  medical  separation  nor  for  conditions 
determined  to  be  service-connected  by  the  Department  of  Veterans  Affairs  (DVA)  but  not 
determined to be unfitting by the PEB.  However the DVA, operating under a different set of 
laws  (Title  38,  United  States  Code),  is  empowered  to  compensate  all  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.  The Board’s role is 
confined to the review of medical records and all evidence at hand to assess the fairness of PEB 
rating  determinations,  compared  to  VASRD  standards,  based  on  severity  at  the  time  of 
separation.   
 
Diabetes  Mellitus,  Type 2  Condition.    The  CI  was  diagnosed  with  DM  in  1998  when  she  was 
incidentally found to have an elevated sugar level in her urine during a routine appointment.  
She was initially treated with lifestyle modification and oral medications, but later had Insulin 
added to her medication regimen.  Over the course of her service, she had increased problems 
with  control  of  her  diabetes  with  excessive  blood  sugars  as  well  as  an  elevated  hemoglobin 
A1C, a measure of chronic blood sugar levels.  The CI was thought to be poorly compliant with 
treatment and lifestyle.  The Board noted that the 68 inch CI entered service at 139 pounds and 
was 203 pounds at her 23 Dec 2008 OB-GYN examination, 6 weeks prior to separation.  Obesity 
is well known to complicate control of DM and to exacerbate elevated blood sugar values.  At 
the  7  August  2008  visit,  6  months  prior  to  separation  and  over  10  years  after  the  initial 
diagnosis,  the  treating  endocrinologist  documented  that  the  CI  had  no  known  microvascular 
complications.   
 

The Board directs attention to its rating recommendation based on the above evidence.  The 
PEB and VA both rated the DM condition at 20% and coded it as 7913, DM.  For a rating higher 
than 20%, “regulation of activities” must be present.  The Board did not adjudge that there was 
sufficient  evidence  of  physician  directed  regulation  of  activities  (avoidance  of  strenuous 
occupational and recreational activities) beyond that done in all cases of diabetes.  After due 
deliberation,  considering  all  of  the  evidence  and  mindful  of  VASRD  §4.3  (Resolution  of 
reasonable  doubt),  the  Board  concluded  that  there  was  insufficient  cause  to  recommend  a 
change in the PEB adjudication for the DM 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  DM  condition  and  IAW  VASRD  §4.120,  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:   
 

VASRD CODE  RATING 
7913 
COMBINED 

20% 
20% 

UNFITTING CONDITION 
Diabetes Mellitus 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120328, w/atchs 
Exhibit B.  Service Treatment Record 
Exhibit C.  Department of Veterans’ Affairs Treatment Record 
 
 
 
 
 
 
 
 

           xxxxxxxxxxxxxxxxxxxxxxx, DAF 
           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 xxxxxxxxxxxxxxxxxxxxxxx, AR20130003079 (PD201200446) 
 
 
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 
 
 
 

     xxxxxxxxxxxxxxxxxxxxxx 
     Deputy Assistant Secretary 
         (Army Review Boards)