RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200797 SEPARATION DATE: 20030612
BOARD DATE: 20130116
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty Soldier, SPC/E-4(74B/Information Systems Operator
and Analyst), medically separated for asthma. The CI first noticed breathing problems after
completing basic and technical training. Her asthma did not improve adequately with
treatment to meet the physical requirements of her Military Occupational Specialty or satisfy
physical fitness standards. She was issued a permanent P3 profile and referred for a Medical
Evaluation Board (MEB). The MEB forwarded asthma as medically unacceptable IAW AR 40-
501. Hypercholesterolemia, mild, identified in the rating chart below, was identified as not
disqualifying and forwarded by the MEB. The Physical Evaluation Board (PEB) adjudicated the
asthma as unfitting, rated 0%, with application of the Veterans Affairs Schedule for Rating
Disabilities (VASRD). The hypercholesterolemia was adjudicated as not disqualifying. The CI
made no appeals, and was medically separated with a 0% disability rating.
CI CONTENTION: The CI states: “My rating should be changed because the decision was based
on incorrect information. I have highlighted areas on pgs. 2 & 3 of my decision letter because
they conflict with the evidence I am submitting. According to my letter I never showed up for
my x-rays, but I have the receipt from where they billed Tricare to prove I did. Also on pg. 3 it
says “according to the x-rays of my hand.” If x-rays of my hand were taken then so were my
chest x-rays. Also upon being discharged when I did my final breathing test, I was never given
the methacholine [sic] as in my first test in 2000. Of course the test showed nothing I was
standing still when I took it. My asthma is based on exerction. [sic] If I am just sitting there of
course the test would come back normal. I also have 2 receipts from Tricare explaining the x-
rays of my chest and hand.”
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 (asthma) 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.
RATING COMPARISON:
Service PEB – Dated 20030206
Condition
Asthma
Hypercholesterolemia, Mild
↓No Additional MEB/PEB Entries↓
Rating
Code
6602
0%
Not Disqualifying
VA (2 Mos. Pre-Separation) – All Effective Date 20030613
Condition
Exam
20030402
Asthma
No VA Entry
0% X 0 / Not Service-Connected x 1
20030402
Rating
10%
Code
6602
Combined: 0%
Combined: 10%
ANALYSIS SUMMARY:
Asthma. The MEB narrative summary (NARSUM) notes the CI first noticed problems with
breathing after completing basic training. Spirometry was normal in May 2000; however, she
was diagnosed with asthma based on a positive methacholine bronchoprovocation test in
June 2000. The MEB allergy consult 2 October 2002, and the MEB NARSUM 7 November 2002,
recorded the CI was using daily inhaled bronchodilator and inhaled anti-inflammatory
medications; however, she continued to have respiratory problems and respiratory distress
with exertion. No repeat spirometry was performed at the time of the MEB. At the VA
Compensation and Pension exam performed on 2 April 2003, 2 months before separation, the
CI reported a history of exercise induced asthma diagnosed in 2000. At that time the CI stated
she was using Advair and Singulair daily and Albuterol as needed before running (about 3
times/week). The pulmonary exam evidence good air entry in both lungs and no respiratory
distress. Pulmonary function tests (PFT) were also normal (FEV1 104% predicted, and FEV1/FVC
ratio was 95%).
The Board directs attention to its rating recommendation based on the above evidence. The
PEB rated the asthma condition based on review of the pharmacy record indicating intermittent
use of medications. The VA rated the condition 10% also citing normal spirometry with
intermittent use of inhalatory medication. In its deliberations, the Board devoted attention to
the issue of whether the requirement for daily bronchodilator and/or anti-inflammatory
therapy was met in this case, as that is the pivotal criteria between a 10% or 30% rating IAW
VASRD §4.97. The pharmacy medication profile printed by the PEB on 25 February 2003
documented the last refill of Advair, Albuterol, and Singulair was on 5 September 2002, almost
6 months before. Each prescription was for a one to 2 months’ supply. The Board concluded
this was convincing evidence the CI was not using inhaled medication on a daily basis. Based on
normal spirometry and intermittent use of inhaler medication, the Board agreed with the 10%
rating adjudicated by the VA. After due deliberation, considering all of the evidence and
mindful of VASRD §4.3 (Resolution of reasonable doubt), the Board recommends a disability
rating of 10% for the asthma condition coded 6602.
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. In the matter of the
asthma condition, the Board unanimously recommends a disability rating of 10%, coded 6602
IAW VASRD §4.97. 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, effective as of the date of her prior medical separation:
UNFITTING CONDITION
Asthma
VASRD CODE RATING
6602
COMBINED
10%
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120603, w/attachments
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
xxxxxxxxxxxxxxxxx, DAF
Director
Physical Disability Board of Review
SFMR-RB
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, AR20130002254 (PD201200797)
1. 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 to modify the individual’s disability rating to 10%
without recharacterization of the individual’s separation. This decision is final.
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.
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
xxxxxxxxxxxxxxxxxxxxxxxxxx
Deputy Assistant Secretary
(Army Review Boards)
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