RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
NAME:XXXXXXXXXXXXXX
CASE NUMBER: PD1200518 SEPARATION DATE: 20030904
BOARD DATE: 20130104
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SGT/E‐5 (95C20/Corrections Specialist), medically
separated for ulcerative colitis. In 2001, while the CI was 5 months pregnant, she was
diagnosed with ulcerative colitis. The CI also had left knee pain which was aggravated during
Basic training by a direct blow to the right knee. The CI did not improve adequately with
treatment to meet the physical requirements of her Military Occupational Specialty (MOS) or
satisfy physical fitness standards. She was issued a permanent P3L2 profile and referred for a
Medical Evaluation Board (MEB). The MEB forwarded ulcerative colitis for Physical Evaluation
Board (PEB) adjudication. The MEB also forwarded retro patellar pain syndrome, as meets
retention standards. The PEB adjudicated the ulcerative colitis condition as unfitting, rated
10%, with application of the Veterans Affairs Schedule for Rating Disabilities (VASRD). The CI
made no appeals, and was medically separated with a 10% disability rating.
CI CONTENTION: “I don’t feel that 10% was a high enough rating for the disability that has lead
me to now unemployability. I also still have the conditions which I left the military with that
were not recognized in my unfit for duty 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 unfitting conditions will be reviewed in all cases. The retro patellar pain syndrome
condition, as requested for consideration, meets the criteria prescribed in DoDI 6040.44 for
Board purview; and is addressed below, in addition to a review of the rating for the unfitting
ulcerative colitis condition. 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.
RATING COMPARISON:
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
Ulcerative Colitis was increased to 100% from 20071202 and then reduced to 30% effective 20080701
Service IPEB – Dated 20030530
Condition
Ulcerative Colitis
Retro
Patellar
Syndrome
Pain
Code
7323
Not Unfitting
Rating
10%
VA (1 Mo. Pre‐Separation) – All Effective Date 20030905
Rating
Condition
30%
Ulcerative Colitis
Retro Patellar Pain Syndrome,
0%
Right Knee
10%
Right Hip Strain
Left Hip Strain
10%
0% X 3 / Not Service‐Connected x 7
Combined: 50%
Code
7323
5299‐5014
5255‐5019
5255‐5019
Exam
20030801
20030801
20030801
20030801
20030801
increased Asacol, and to start
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the significant impact that her service‐incurred condition has had on her current
earning ability and quality of life. It is a fact, however, that 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. This role and
authority is granted by Congress to the Department of Veterans Affairs (DVA). The Board
utilizes DVA evidence proximal to separation in arriving at its recommendations; and, DoDI
6040.44 defines a 12‐month interval for special consideration to post‐separation evidence. The
Board’s authority as defined in DoDI 6044.40, however, resides in evaluating the fairness of DES
fitness determinations and rating decisions for disability at the time of separation. Post‐
separation evidence therefore is probative only to the extent that it reasonably reflects the
disability and fitness implications at the time of separation.
Ulcerative Colitis Condition. The CI had a history of ulcerative colitis which began with frequent
bloody diarrheal stools while she was pregnant in August 2001. The CI was seen by a civilian GI
specialist who performed a flexible sigmoidoscopy which revealed continuous areas of non
bleeding ulcerated mucosa with exudates from the rectum to the sigmoid colon and diagnosed
ulcerative colitis. The CI was then started on Prednisone (systemic steroid), Cortenema (a
hydrocortisone enema) and Asacol (Mesalamine). The CI underwent an endoscopy in
December 2001 which showed improvement in the appearance of the colon, but there were
still areas of continuous ulcerated mucosa in the rectum and sigmoid colon and biopsies
confirmed the ulcerative colitis diagnosis. At this visit, the medication doses were changed to
decreased systemic Prednisone,
Imuran (Azathioprine‐
immunosuppressive drug). In 2002, the CI was seen by a Nutritionist who recommended a low
fiber/low residue diet. The CI underwent a small bowel follow through exam which
demonstrated terminal ileum scattered punctuate round filling defects and mild lymphoid
hyperplasia. In both January and April 2003, the CI had flare‐ups of nausea, diarrhea with
bloody stool requiring acute care intervention. The CI was granted a permanent P3L2 profile in
March 2003 with restrictions of “no continuous duties for over 30 minutes unless restroom
facilities are immediately available,” no running and no sit‐ups‐as all of this activity exacerbated
the lower abdominal cramping.
The MEB examination, 6 months prior to separation, noted 2 to 3 bowel movements per day
and occasional abdominal pain specifically aggravated with activity, most notably sit‐ups, but
running or other activities could also aggravate the abdominal pain; mildly symptomatic and
some scant rectal bleeding. The physical exam findings were mild lower abdominal tenderness
without guarding or rebound. The examiner opined that the condition was stable at present;
however, symptoms would continue, chronic medication therapy would be required and the
condition had an unpredictable waxing and waning. The CI was seen by gastroenterology for a
MEB consult 6 months prior to separation for ulcerative colitis in March 2003 who documented
an initial stool pattern of eight bowel movements per day with some rectal bleeding in March
2002, an improvement in June 2002 of an reduction to 0 to 2 bowel movements per day
without any blood, but with a weight gain to 190 pounds then a weight reduction to 150
pounds. At the time of this consultation, the CI noted ongoing symptoms of frequent stooling
two to five times a day and occasional rectal urgency with rare rectal bleeding. The examiner
also noted that the CI had difficulty performing her inmate supervision duties as she required
frequent trips to the toilet. The CI also had ulcerative colitis associated symptoms of occasional
lower back discomfort and hip aching; however, her vision problems were not felt to be colitis
associated. The examiner found mild lower abdominal discomfort on physical exam, without
rebound tenderness, hepatosplenomegaly or guarding. The gastroenterologist opined that the
CI “now seems to be having some increase in symptoms.” The P3 profile restriction included
“No continuous duties over 30 minutes unless restroom facilities are immediately available.
The commander’s statement indicated that the CI could not have prolonged duty over 10
minutes without restroom facilities readily available.
2 PD1200518
The VA Compensation & Pension(C&P) examination performed a month prior to separation
indicated worsening of symptoms with diarrheal stools 3 to 10 times per day, cramping 3 to 4
times per day, bloody stools once every 2 weeks; the CI was now able to recognize the
symptoms of urgency and was able to prevent “accidents.” On physical examination, there was
diffuse tenderness to palpation throughout the abdomen. The examiner opined there were
chronic diarrhea, chronic abdominal pain and rectal urgency secondary to the ulcerative colitis
despite medication treatment with Imuran and Asacol. Subsequent VA ratings and evaluations
indicating a temporary 100% rating from February 2007 with a decrease to a 60% rating in
July 2008; this was greater than 3 years remote from separation.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB and the VA coded the ulcerative colitis 7323 (colitis, ulcerative); however, the PEB rated at
10% (Moderate with infrequent exacerbations) and the VA rated at 30% (Moderately severe
with frequent exacerbations).
The narrative summary indicated that the CI suffered from frequent stooling two to three
bowel movements per day and occasional abdominal pain specifically aggravated with activity,
it did not specify the frequency of abdominal pain flare‐ups. The gastroenterology and C&P
consults provided a thorough history of the CI’s frequency of ulcerative colitis disease
exacerbations and documented a 40 pound weight loss from the time of the gastroenterology
consult. Monthly, the CI would have significant flare‐ups every day with bloody stools every 2
weeks. The VA considered this to be moderately severe disease with frequent exacerbations
and applied a 30% rating. The next highest rating requires severe disease with numerous
attacks a year and malnutrition with health only fair during remissions. Although the CI had
significant weight loss, this was attributed to a discontinuation of steroids and there was no
evidence of malnutrition or ill health during periods of remission.
The Board reviewed the criteria for a 30% rating versus a 10% rating and deliberated over the
level of severity and symptom frequency. After due deliberation, considering all of the
evidence and mindful of VASRD §4.3 (Resolution of reasonable doubt) and §4.7 (Higher of two
evaluations), the Board recommends a disability rating of 30% for the ulcerative colitis
condition.
Retro Patellar Pain Syndrome Condition. The MEB examination noted that although the right
knee pain waxed and waned, there was no effect on the CI’s performance of activities. The CI
underwent an orthopedic consult for MEB exam in which the examiner documented that the CI
stated that “had she not been referred to the Orthopedist as part of her MEB, she probably
would not have sought any care for her knees.” The examiner further noted that the CI had a
flare‐up with running or rucksack marching, but her right knee usually responded to a
temporary profile and conservative treatment. The orthopedic physical exam findings were of
painless range‐of‐motion (ROM) of 0‐120 degrees (normal 0‐140 degrees) with some
tenderness and no instability. The C&P examination a month prior to separation indicated daily
retro patellar discomfort without flare‐ups with occasional swelling but no locking. The C&P
physical exam findings were full painless ROM with no instability.
The Board directs attention to its rating recommendation based on the above evidence. In
analyzing the intrinsic impairment for appropriately coding and rating the retro patellar
syndrome condition, the Board is left with a questionable basis for arguing that retro patellar
syndrome condition was indeed unfitting. After due deliberation, the Board agreed that
evidence does not support a conclusion that retro patellar syndrome condition, as a separate
condition, would have rendered the CI incapable of continued service within her MOS Rating,
and accordingly cannot recommend a separate rating for it. 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 retro
3 PD1200518
patellar syndrome condition. The Board concluded therefore that no separate disability rating
could be recommended for this 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 ulcerative colitis condition, the Board unanimously
recommends a disability rating of 30%, coded 7323 IAW VASRD §4.114. In the matter of the
contended retro patellar syndrome 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 recommends that the CI’s prior determination be modified as
follows; and, that the discharge with severance pay be recharacterized to reflect permanent
disability retirement, effective as of the date of her prior medical separation:
VASRD CODE RATING
7323
COMBINED
30%
30%
UNFITTING CONDITION
Ulcerative colitis
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 / XXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXX, AR20130001991 (PD201200518)
1. Under the authority of Title 10, United States Code, section 1554(a), I approve the enclosed
recommendation of the Department of Defense Physical Disability Board of Review (DoD PDBR)
4 PD1200518
pertaining to the individual named in the subject line above to recharacterize the individual’s
separation as a permanent disability retirement with the combined disability rating of 30%
effective the date of the individual’s original medical separation for disability with severance
pay.
2. I direct that all the Department of the Army records of the individual concerned be corrected
accordingly no later than 120 days from the date of this memorandum:
a. 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.
b. Providing orders showing that the individual was retired with permanent disability
effective the date of the original medical separation for disability with severance pay.
c. Adjusting pay and allowances accordingly. Pay and allowance adjustment will
account for recoupment of severance pay, and payment of permanent retired pay at 30%
effective the date of the original medical separation for disability with severance pay.
d. Affording the individual the opportunity to elect Survivor Benefit Plan (SBP) and
medical TRICARE retiree options.
3. I request that a copy of the corrections and any related correspondence be provided to the
individual concerned, counsel (if any), any Members of Congress who have shown interest, and
to the Army Review Boards Agency with a copy of this memorandum without enclosures.
BY ORDER OF THE SECRETARY OF THE ARMY:
Encl
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
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