RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20020115
NAME: XXXXXXXXXXXXXXXXX
CASE NUMBER: PD1200499
BOARD DATE: 20121113
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E-4 (63W, Heavy Wheel Mechanic) medically
separated for non-cardiac chest pain. He suffered an episode of acute viral pericarditis in 2000
with a somewhat complicated course. Although the primary condition resolved, he continued
to experience persistent episodes of chest pain which could not be adequately controlled to
meet the physical requirements of his Military Occupational Specialty (MOS) or satisfy physical
fitness standards. He was consequently issued a permanent P3 profile and referred for a
Medical Evaluation Board (MEB). The chest pain condition (and the associated diagnosis of
“viral pericarditis, resolved”) was forwarded to the Physical Evaluation Board (PEB) as medically
unacceptable IAW AR 40-501. Two additional conditions (as designated in the rating chart
below) were addressed by the MEB, and also forwarded as medically unacceptable. The PEB
adjudicated the non-cardiac chest pain condition (appropriately combined with the resolved
pericarditis condition) as unfitting, rated 0%, citing criteria of the US Army Physical Disability
Agency (USAPDA) pain policy. The other conditions were determined to be not unfitting. The
CI made no appeals, and was medically separated with a 0% disability rating.
CI CONTENTION: The application states simply, “PTSD [post-traumatic stress disorder],
depression [sic], chronic parcaditos [sic], and knee pain.” The CI does not elaborate further or
specify a request for Board consideration of any additional conditions.
SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in
Department of Defense Instruction (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 rating for the unfitting non-cardiac chest pain
condition is addressed below; as is the knee condition (determined to be not unfitting) referred
to in the application. The PEB-adjudicated left carpal tunnel syndrome was not alluded to in
the application, and thus does not satisfy scope requirements. The two psychiatric conditions
named in the application were not identified by the PEB, and thus are not within the DoDI
6040.44 defined purview of the Board. Those, and any other conditions or contention not
requested in this application, remain eligible for future consideration by the Army Board for
Correction of Military Records.
RATING COMPARISON:
Service PEB – Dated 20011120
Code
Condition
Rating
Condition
VA (2 Wks. Pre-Separation) – Effective 20020116
Noncardiac Chest Pain, Post Viral
Pericarditis
Healed Tibal Plateau Fracture, Left Knee
Carpal Tunnel Syndrome, Left Wrist
5099-5003
0%
Not Unfitting
Not Unfitting
Residuals, Pericarditis
Residuals, Left Tibial Plateau...
CTS, Left Wrist
No Additional MEB/PEB Entries
Combined: 0%
Not Service-Connected (NSC) X 4 Additional
Combined: 20%
Code
7002-
5321
5260
8515
Rating
10%
10%
NSC
Exam
20011228
20011228
20011228
20011228
ANALYSIS SUMMARY:
Non-Cardiac Chest Pain Condition. The CI was diagnosed with viral pericarditis in June 2000,
which progressed to cardiac tamponade requiring pericardiocentesis (build up of fluid around
the heart requiring emergency needle drainage).
Although he suffered no further
hemodynamic compromise from this event, he continued to complain of episodes of chest pain.
Subsequent echocardiography and magnetic resonance imaging confirmed the lack of any
residual cardiac pathology. A stress test performed in July 2001, 6 months prior to separation,
confirmed a normal exercise tolerance (> 10 METs) with “fleeting episodes of chest discomfort
[< 2 seconds] ... [which] ... had no bearing on his exercise tolerance.” The cardiologist’s
narrative summary (NARSUM) described the initial clinical course, and proceeded with the
following excerpts.
The patient did not follow up for approximately 10 months and returned because he "could not
perform his duties" and described atypical chest pains. His chest pains are currently described
as sharp, lasting seconds and are fleeting in nature. They are sometimes related to exertion and
sometimes not. They seem to be positional although not reproducible.
[Present Condition] By all objective evidence, this soldier has resolved his episode of viral
pericarditis and has no evidence of either chronic pericarditis or constrictive pericarditis by all
objective tests. He does have a chest pain syndrome, that does not fit any clinical cardiac
etiology, but the servicemember cannot perform his duties as a soldier.
The VA Compensation and Pension (C&P) examiner (on the eve of separation) documented
“continued chest pain with activity sometimes at rest ... aggravated by running and excessive
exertional activities.”
The Board directs attention to its rating recommendation based on the above evidence. The
PEB’s determination for a 0% rating cited, “Rated, for pain, moderate/intermittent.” This is
clearly derived from the USAPDA pain policy; and, the PEB’s analogous coding to 5003
(degenerative arthritis) is also difficult to justify under VASRD §4.71a. The VA’s rating was
under the hyphenated code 7002-5321 (pericarditis rated for thoracic muscle disability), and
conferred a 10% rating for “moderate” muscle disability. The Board’s choice of coding as a
basis for its rating recommendation in this case is confounded by the fact that no applicable
code is to be found in the VASRD; nor, is there any analogous candidate which is truly aligned
with the clinical and functional disability in evidence. The 7002 (pericarditis) code attaches to a
condition which clearly was no longer active; and, that notwithstanding, the minimal
compensable rating would require an exercise tolerance under 10 METs. No other code
available in VASRD §4.104 (cardiovascular rating schedule) is relevant. The muscle disability
code 5321 (thoracic group) is a common analogous choice for atypical chest pain, although
there is nothing in the evidence supporting thoracic wall pathology (muscle or musculoskeletal)
in this case. As an analogous characterization of the disability, not the etiology, the only
applicable criteria are those encompassing the VASRD §4.56 “cardinal signs” of muscle
disability; i.e., “loss of power, weakness, lowered threshold of fatigue, fatigue-pain, impairment
of coordination and uncertainty of movement.” A 10% rating under 5321 for “moderate”
disability requires, “Record of consistent complaint of one or more of the cardinal signs and
symptoms of muscle disability ... particularly lowered threshold of fatigue after average use.”
The evidence clearly demonstrates the absence of any of the enumerated cardinal signs, with
the possible exceptions of lowered threshold of fatigue and fatigue-pain; and, those not linked
to “average use.” The 0% rating for “slight” muscle disability, however, requires “no cardinal
signs or symptoms of muscle disability.” Members agreed that neither of the defined
thresholds was unequivocally met, and thus deliberated which characterization was the best fit
with the functional limitations in evidence at separation (if defaulting to analogous rating under
5321). With due deference to VASRD §4.3 (reasonable doubt), the members agreed that the
fleeting chest pains (correlated somewhat with significant exertion) did not meet the
compensable threshold under 5321. The Board concluded that the preponderance of the
evidence provided insufficient cause to recommend a change in the PEB’s rating determination
for the non-cardiac chest pain condition. Since the PEB’s coding choice was not germane to the
Board’s rating recommendation and since there was no clearly superior choice available,
members concurred with retaining the code designation.
Contended Left Knee Condition. The CI was diagnosed by bone scan with a stress fracture of
the medial tibial plateau in 1997. It was managed conservatively, never profiled, and was not
clinically active in the service treatment record for the extended period preceding separation.
The NARSUM specified that no profile was indicated for the condition, and that it met retention
standards. The VA C&P examiner described “episodic discomfort, especially with weather
changes.” The Board’s main charge with respect to this condition is an assessment of the
fairness of the PEB’s determination that it was not unfitting. The Board’s threshold for
countering fitness determinations is higher than the VASRD §4.3 (reasonable doubt) standard
used for its rating recommendations, but remains adherent to the DoDI 6040.44 “fair and
equitable” standard. The condition was not profiled; it was not implicated in the commander’s
statement; and, it was not judged to fail retention standards. There was no performance based
evidence from the record that it significantly interfered with satisfactory duty performance.
After due deliberation in consideration of the preponderance of the evidence, the Board
concluded that there was insufficient cause to recommend a change in the PEB fitness
determination for the left knee condition; thus no additional disability rating can be
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. As discussed above, PEB
reliance on the USAPDA pain policy for rating the chest pain condition was operant in this case
and it was adjudicated independently of that policy by the Board. In the matter of the non-
cardiac chest pain condition and IAW VASRD §4.104, the Board unanimously recommends no
change in the PEB adjudication. In the matter of the contended left knee condition, the Board
unanimously recommends no change from the PEB determination as not unfitting. 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:
Non-Cardiac Chest Pain, Residual of Viral Pericarditis
UNFITTING CONDITION
VASRD CODE RATING
5099-5003
COMBINED
0%
0%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120601, 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
XXXXXXXXXXXXXXXXX, AR20120021218 (PD201200499)
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
XXXXXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
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