RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
Rating
10%
Rating
30%*
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20031115
NAME: XXXXXXXXXXXXXXXX
CASE NUMBER: PD1200495
BOARD DATE: 20130116
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty, SPC/E‐4, (62J/General Construction Equipment
Operator), medically separated for chronic diarrhea with gastroesophageal reflux disease
(GERD) following a failed laparoscopic Nissen fundoplication. The condition did not improve
adequately with treatment and the CI had difficulty meeting the physical requirements of his
Military Occupational Specialty. He was issued a permanent P3 profile and referred for a
Medical Evaluation Board (MEB). The MEB forwarded chronic severe GERD and chronic severe
diarrhea to the Physical Evaluation Board (PEB) as medically unacceptable IAW AR 40‐501. The
MEB forwarded no other conditions for PEB adjudication. The PEB adjudicated the
GERD/chronic diarrhea condition as unfitting, rated 10%, with application of the Veterans
Affairs Schedule for Rating Disabilities (VASRD). The CI did not concur and submitted a written
appeal, but waived a formal hearing. The United States Army Physical Disability Agency
affirmed the PEB findings and the CI was medically separated with a 10% disability rating.
CI CONTENTION: “Residual effects of gastroesophageal surgery ‐ neurological condition as a
result of surgery.”
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. 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 (ABCMR).
RATING COMPARISON:
post
Nissen
Code
7399‐7346
VA (STR Used) – All Effective Date 20031116
Condition
GERD
Fundoplication
0% X 1 / Not Service‐Connected x 1
Combined: 30%
Service IPEB – Dated 20030801
Code
Condition
7399‐7346‐
Chronic Diarrhea w/GERD
7319
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
*Rating decision reduced to 0% effective 20090601. Rating decision 20110927 added “Residual Effects of Gastroesophageal
Surgery Claimed as Memory Loss and Any Mental Condition;” coded 9399‐9327 at 10% effective 20100610; combined 10%
ANALYSIS SUMMARY: The Board acknowledges the CI’s opinion that a medical error was
responsible for his disability, with the implication that the disability rating should provide for
remedy. It must be noted for the record that the Board has neither the jurisdiction nor
authority to scrutinize or render opinions in reference to allegations regarding suspected
improprieties or faulty medical care. The Board’s role is confined to the review of medical
records and all evidence at hand to assess the fairness of PEB disability ratings and fitness
Exam
STR
STR
Redress
determinations as elaborated above.
in excess of the Board’s scope of
recommendations must be addressed by the ABCMR and/or the United States judiciary system.
The Board further acknowledges the CI’s assertion that his neurologic condition is related to his
unfitting GERD condition and therefore should be subject to additional disability rating;
although, the Board must note that a causality linkage of these contended conditions with the
unfitting primary condition, even if conceded, is not a basis in itself for service disability rating.
A concomitant condition of this nature must itself be independently unfitting to merit
additional rating.
GERD with Chronic Diarrhea Condition. The Nissen surgical procedure performed on
10 December 2001 resulted in only partial, temporary relief of GERD symptoms. Recurrence of
these symptoms was complicated by chronic diarrhea. A barium swallow study on 22 February
2002 (2 months after surgery) showed mild to moderate gastroesophageal reflux and a
suggestion of a small non‐reducible hiatal hernia. An outpatient general surgery note 7 months
prior to separation reported that a medication for GERD symptoms was helpful, but the
prescription ran out. Spicy foods and fruit made symptoms worse. Loose stools occurred 2‐3
times per day. At the MEB exam 6 months prior to separation , the CI checked the “No” box for
“Frequent indigestion or heartburn” and wrote that “pain in stomach sometimes (due) to
surgery” was the explanation for checking “Yes” to “Stomach, liver intestinal trouble, or ulcer.”
Weight at this exam was 140 pounds. The narrative summary (NARSUM) examiner, 5 months
prior to separation reported intermittent pain with swallowing and diarrhea that was controlled
with medication. Examination revealed a weight of 140 pounds. Exam of the abdomen
revealed no tenderness and a well‐healed surgical scar. Laboratory studies revealed no anemia.
A NARSUM addendum prepared 4 months prior to separation reported that the CI still
experienced daily symptoms including postprandial pain, early satiety and bloating. Although
medication was helpful for these symptoms, the CI was still unable to increase his weight to
pre‐operative levels. He was experiencing three to four liquid stool bowel movements per day.
At times the medication controlled diarrhea, but in general symptoms were not well‐controlled.
Although the NARSUM stated that the CI had at one point increased his weight to 170 pounds
through weightlifting from his induction weight of 149 pounds, review of the record found no
confirmation of weights outside the range of 140 pounds to 150 pounds. A nutritional medicine
assessment 4 months prior to separation reported that pain occurred if large meals were eaten.
Diarrhea occurred after drinking beverages but not usually after eating. Appetite was fair to
good. Weight was 144 pounds. In his undated rebuttal to the PEB, the CI argued for a higher
disability rating because of acid reflux and stomach pain “all the time,” and severe stomach and
chest pain when eating fruit. Stools were described as loose and occurred 2‐3 times per day.
At the VA Compensation and Pension exam 4 months after separation the CI reported that the
medication for GERD was the only medication he was taking. There was no abdominal
tenderness on examination.
The Board directs attention to its rating recommendation based on the above evidence.
Although the CI was experiencing upper and lower gastrointestinal symptoms (reflux and
diarrhea), the PEB and the VA appropriately applied a single rating for an abdominal condition
IAW VASRD §4.113 and §4.114. The Board must follow suit, but IAW VASRD §4.7 (Higher of two
evaluations), must confirm that its choice of applicable code achieves the optimal rating
allowed by §4.114 criteria. Under 7319 (irritable colon syndrome) used in the PEB’s
combination coding approach, “moderate” symptoms characterized by “frequent episodes of
bowel disturbance with abdominal distress” warrants a 10% rating. Board members agreed the
diarrhea symptoms were not consistent with next higher 30% rating criteria (“Severe; diarrhea,
or alternating diarrhea and constipation, with more or less constant abdominal distress”),
particularly considering he was no longer taking medication for diarrhea by the time of the VA
exam. The Board considered if a higher rating under the 7346 code (hiatal hernia) was justified.
The VA rated the condition 30% under this code for “persistently recurrent epigastric distress
with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm or shoulder pain,
2 PD1200495
productive of considerable impairment of health.” The 60% rating is described by “symptoms
of pain, vomiting, material weight loss and hematemesis or melena with moderate anemia; or
other symptom combinations productive of severe impairment of health.” While weight loss
was mentioned by the NARSUM examiner, the final weight in evidence prior to separation was
144 pounds, not significantly different from his reported induction weight of 149 pounds and
not inconsistent with weights found from the record review. Board members agreed the 60%
criteria were therefore not met. The Board debated if the clinical picture fit the 30% criteria.
Although pyrosis (heartburn) and indigestion are cardinal symptoms of GERD, the CI annotated
on his MEB physical that he did not experience these. Intermittent pain with swallowing
(dysphagia) was reported by the NARSUM examiner, but the only abdominal pain the CI
mentioned on the MEB physical was “sometimes” due to surgery. All Board members agreed
that the evidence presented above could not be reconciled with the 30% rating description.
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 chronic diarrhea with the GERD condition.
Residual Effects of Gastroesophageal Surgery. The Board also considered the residual effects
of gastroesophageal surgery claimed as memory loss and any mental condition for which the
VA assigned a 10% rating based on an evaluation in 2011, and which the CI contends warrants
additional disability rating. Neurologic and psychiatric VA examiners in June 2011 (almost 8
years after separation) opined that hypoxia and ischemia due to blood loss, a complication of
the gastric surgery, may have caused later neurologic issues, specifically slurred speech,
abnormal gait, forgetfulness and memory loss. As previously mentioned however, this
condition must itself be independently unfitting to merit additional rating. The Board’s
threshold for countering fitness determinations is higher than the VASRD §4.3 (Resolution of
reasonable doubt) standard used for its rating recommendations, but remains adherent to the
DoDI 6040.44 “fair and equitable” standard. This condition was not profiled, was not
implicated in the commander’s statement, and was not judged to fail retention standards. The
condition was reviewed and considered by the Board. There was no indication from the record
that it significantly interfered with satisfactory duty performance at the time of separation. The
Board concluded therefore that this condition could not be recommended for additional
disability rating.
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 chronic diarrhea with GERD condition and IAW VASRD
§4.114a, the Board unanimously recommends no change in the PEB adjudication. In the matter
of the residual effects of gastroesophageal surgery claimed as memory loss and any mental
condition, the Board unanimously agrees that it cannot recommend a finding of unfit for
additional rating at separation. 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
Chronic Diarrhea With Gastroesophageal Reflux Disease
VASRD CODE
7399‐7346‐7319 10%
10%
COMBINED
RATING
3 PD1200495
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120604, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
SFMR‐RB
XXXXXXXXXXXXXXX, DAF
Director
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
XXXXXXXXXXXXXXX, AR20130001978 (PD201200495)
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
XXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
4 PD1200495
AF | PDBR | CY2014 | PD-2014-01788
The bowel and hip conditions, characterized as “irritable bowel syndrome [IBS] with chronic pain and bloating” and “snapping hip syndrome,” were forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. Snapping Hip Syndrome . The DA Form 2173( Statement of Medical Examination and Duty Status ),dated 14 December 2005, noted complaints of bilateral hip pain during mobilization training in August 2004, with increasing hip pain due to the weight of gear and weight loss.
AF | PDBR | CY2013 | PD-2013-02182
SEPARATION DATE: 20040905 The CI had past medical history of atypical chest pain diagnosed as gastritis, Barrett’s esophagitis, gastroesophageal reflux disease (GERD), hiatal herniaand esophageal spasms. As discussed above, PEB reliance on the USAPDA policy/guidance memorandum #12 table of analogous codes (since withdrawn)for rating reflux disease with atypical chest pain, suspected esophageal spasm condition was operant in this case and the condition was adjudicated independently of that...
AF | PDBR | CY2014 | PD-2014-00980
The PEB adjudicated “abdominal pain, due to irritable bowel syndrome, with gastritis” and “chronic subjective neck pain status post fusion, without neurologic abnormality, cervical range of motion limited by pain”as unfitting, rated 10% and 10%, respectively, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD).The remaining conditions were determined to be not unfitting.The CI made no appeals and was medically separated. The report of medical examination (DD...
AF | PDBR | CY2013 | PD-2013-02233
Post-Separation) ConditionCodeRatingConditionCodeRatingExam Abdominal Pain, Status Post Laparoscopic Cholecystectomy731810%Gastroesophageal Reflux Disease with Cholecystectomy7318-734610%20050802Scars, Residual of Cholecystectomy780410% 20050802Other MEB/PEB Conditions x 0 (Not In Scope)Other x 7 (Not in Scope) RATING: 10%RATING: 30%*Derived from VA Rating Decision (VARD)dated 20060118 invalid font number 31502 ( most proximate to date of separation [DOS]). The Board reviewed the VA...
AF | PDBR | CY2009 | PD2009-00293
The informal PEB (IPEB) adjudicated the mood disorder (major depression, without psychotic features) due to multiple medical conditions as the single unfitting condition, rated 10%; with application of the SECNAVINST 1850.4E and DoDI 1332.39. The Veterans’ Affairs (VA), however, can rate and compensate all service connected conditions without regard to their impact on performance of military duties, including conditions developing after separation that are direct complications of a service...
AF | PDBR | CY2012 | PD2012 01695
The MEB forwarded “esophageal reflux, nonulcerative dyspepsia (NUD), IBS, generalized anxiety disorder, and social phobia” to the Physical Evaluation Board (PEB) IAW SECNAVINST 1850.4E.The PEB adjudicated the IBS (visceral hyperalgesia) condition as unfitting, rated 10% with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). After due deliberation, the Board consensus was that the preponderance of the evidence with regard to the functional impairment of...
AF | PDBR | CY2012 | PD 2012 01500
Post-Separation) ConditionCodeRatingConditionCodeRatingExam Dysthymic Disorder943310%Generalized Anxiety D/O, Dysthymic D/O, and Panic D/O with Agoraphobia, with Excessive Daytime Sleepiness940050%20071129Generalized Anxiety DisorderCategory 2Panic Disorder w/o AgoraphobiaCategory 2Irritable Bowel Syndrome731910%Irritable Bowel Syndrome with Gastroesophageal Reflux Disease7319-734610%20071210Gastroesophageal RefluxCategory 2Other x 0 (Not in Scope)Other x 320071210 Combined: 20%Combined:...
AF | PDBR | CY2013 | PD2013 00168
Flare ups were accompanied by abdominal pain in the right upper and lower quadrants, without identifiable triggers.On examination the CI was noted to be in no distress and the examination of the abdomen was non-tender. The Board undertook a careful review of the treatment records and noted the report of constant abdominal pain in every entry; however, clinical examinations noted no distress during physical exams, and examination of the abdomen was generally reported as normal. Service...
AF | PDBR | CY2014 | PD-2014-01633
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVeterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. A decision was made to remove the affected section of colon (hemicolectomy), and surgery was performed 3 May 2004.The operative note indicated no adhesions or physical strictures of the colon.According to the NARSUM...
AF | PDBR | CY2011 | PD2011-00519
The PEB adjudicated “Crohn’s disease” as unfitting, rating it 10% with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). Crohn’s Disease Condition . Providing a correction to the individual’s separation document showing that the individual was separated by reason of permanent disability retirement effective the date of the original medical separation for disability with severance pay.