RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200484 SEPARATION DATE: 20040831
BOARD DATE: 20130116
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty 1LT/O‐2 (31A/Military Police) medically separated for
fibromyalgia. 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 fibromyalgia condition unacceptable IAW
AR 40‐501, and referred her to an Informal Physical Evaluation Board (IPEB). One other
condition (depression) was listed as acceptable, on DA Form 3947. The IPEB found that the
fibromyalgia condition had existed prior to commissioning and was not compensable. The CI
did not accept the IPEB findings, and she demanded a formal hearing. The Formal PEB (FPEB)
found the fibromyalgia condition unfitting, and assigned a disability rating of 20%. Depression
was found to be not unfitting and therefore not ratable. The CI accepted the FPEB findings and
was medically separated with a 20% disability rating.
CI’s CONTENTION: “Higher VA rating (40%) for the same condition‐ fibromyalgia, VA rating had
same effective date as the FPEB determination.”
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 fibromyalgia condition meets the criteria prescribed in DoDI
6040.44, and is accordingly addressed below. No other conditions are 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 Correction of Military Records.
RATING COMPARISON:
*VA rating for Fibromyalgia was later increased to 40% by a subsequent VA Rating Decision dated 20060609
ANALYSIS SUMMARY: The Board acknowledges the CI’s assertion that the PEB may have
compelled her to concur with their findings. For the record, the Board has neither the
jurisdiction nor authority to scrutinize or render opinions in reference to asserted Service
improprieties in the disposition of a case.
Fibromyalgia (fibromyalgia). The CI has a long history of multiple complaints. In May 2003, she
was seen by an Army and civilian rheumatologist. Both doctors concluded that her symptoms
were consistent with a diagnosis of fibromyalgia. Several treatment options were tried, but her
Army FPEB – dated 20040630
Code
Condition
5025
Fibromyalgia
Depression
Not Unfitting
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 20%
Rating
20%
VA – All Effective 20040901
Condition
Fibromyalgia
Not Service‐Connected x 3
Combined: 20%*
Code
5025
Rating
20%*
Exam
(No exam)
symptoms persisted and an MEB was initiated. Her MEB physical examination was in December
2003 and is recorded on a DD Form 2808. That exam was essentially normal; except for
depression, bunions, and some discomfort upon squatting. As noted above, the CI was
medically separated from the Army in August 2004 with a disability rating of 20%. She filed a
claim with the VA, but failed to appear for her VA Compensation and Pension (C&P) exams. The
VA granted service‐connection for her fibromyalgia condition, based on the information in her
service treatment record (STR). The VA initially rated her fibromyalgia condition 20%, but the
fibromyalgia rating was increased to 40% in a subsequent VA Rating Decision dated 9 June
2006.
The Board carefully reviewed all evidentiary information available. In the Veterans Affairs
Schedule for Rating Disabilities (VASRD) §4.71a, fibromyalgia is described as widespread
musculoskeletal pain and tender points, with or without fatigue, sleep disturbance, stiffness,
paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud’s‐like
symptoms. The rating is based on the frequency of symptoms. A 20% rating applies when the
symptoms are episodic; with exacerbations present more than one third of the time. A 40%
rating applies when symptoms are constant (or nearly so), and refractory to treatment. The
MEB narrative summary was dictated in February 2004, 6 months prior to separation. From
that dictation, the Board could not find sufficient evidence that the fibromyalgia symptoms
were constant (or nearly so), and refractory to treatment. During the 6 months prior to
separation, the CI sought medical care on several occasions. From the clinical notes in the STR,
the Board once again found insufficient evidence that the fibromyalgia symptoms were
constant (or nearly so), and refractory to treatment.
On 29 March 2006, the CI had a C&P exam. This exam was done 19 months after separation.
The Board can use VA evidence proximal to separation in arriving at its recommendations, and
DoDI 6040.44 specifies a 1 year period for special consideration of VA evidence. Post‐
separation evidence is probative only to the extent that it reasonably reflects the disability and
fitness implications at separation. The Board determined that because it was done 19 months
after separation, the probative value of the March 2006 C&P exam was diminished. Therefore,
clinical data from that exam was given less weight by the Board, during its deliberations.
A critical component of the Board’s effort to reach a fair and accurate recommendation in this
case, was to determine whether the CI’s fibromyalgia symptoms were “constant, or nearly so,
and refractory to therapy” /or/ “episodic, with exacerbations often precipitated by
environmental or emotional stress or by overexertion, but that are present more than one‐third
of the time.” As noted above, the Board found insufficient evidence in the treatment record to
support a conclusion that the fibromyalgia symptoms were constant, or nearly so, and
refractory to therapy. 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 fibromyalgia 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 fibromyalgia condition and IAW VASRD §4.71a, the Board
unanimously recommends no change in the PEB adjudication. There were no other conditions
within the Board’s scope of review for consideration.
2 PD1200484
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
VASRD CODE RATING
5025
COMBINED
20%
20%
UNFITTING CONDITION
Fibromyalgia Syndrome
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120605, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXXXXXX, AR20130001369 (PD201200484)
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
XXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
3 PD1200484
4 PD1200484
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