RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: NAVY
SEPARATION DATE: 20020510
NAME: XX
CASE NUMBER: PD1200816
BOARD DATE: 20130206
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty PH3/E-4 (Photographer Mate), medically separated
for interstitial cystitis. The CI had a history of chronic urinary urgency, frequency, nocturia, and
pelvic pain with urination and she was diagnosed with interstitial cystitis in April 2001. The CI
did not improve adequately with treatment and was unable to meet the physical requirements
of her rating or satisfy physical fitness standards. The CI was placed on limited duty (LIMDU)
and referred for a Medical Evaluation Board (MEB). The MEB forwarded chronic interstitial
cystitis condition, benign essential hypertension, and exercise induced asthma to the Physical
Evaluation Board (PEB). The PEB adjudicated interstitial cystitis as the only unfitting condition.
The PEB adjudicated exercise induced asthma and essential hypertension as Category III
conditions (“Conditions that are not separately unfitting and do not contribute to the unfitting
condition”) with application of Veterans Affairs Schedule for Rating Disabilities (VASRD). The CI
made no appeals, and she was medically separated with a 10% disability rating.
______________________________________________________________________________
CI CONTENTION: “I have chronic interstitial cystitis which worsens each year. The required
medication needed to treat my condition causes me hair loss, gym bleeds, vaginal dryness, sore
throat and constant heartburn. I also encounter many sleepless nights. My Elmiron medication
is so strong that the side effect of vaginal dryness makes it hard for me to sit for long periods of
time along with making it difficult for me to have sexual intercourse with my husband and
because of the vaginal soreness; the medication also makes my arms and legs sore and stiff.
The Elmiron causes me constant mouth dryness and soreness. During my menstrual cycle, it’s
painful to wear sanitary napkins because the pad rubs against the vaginal area causing more
pain and skin abrasions. I’m warranted an increase because I have to live the rest of my life
experiencing this pain due to the Elmiron medication.”
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 rating 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 Board for Correction of Naval Records.
RATING COMPARISON:
Service IPEB – Dated 20020128
Code
Condition
7512
Interstitial Cystitis
CAT III
Exercise Induced Asthma
Essential Hypertension
CAT III
↓No Additional MEB/PEB Entries↓
Combined: 10%
*Increased to 30% effective 20100105
VA 38 Months Post-Separation) – All Effective Date 20041025
Condition
Chronic Interstitial Cystitis
Restrictive Lung Disease
Hypertension with History of
Tachycardia
0% X 1 / Not Service-Connected x 4
Combined: 50%
Exam
20050617
20050617
20051114
20051114
Rating
10%
Code
7512
6699-6602
7101
Rating
20%*
30%
10%
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the significant impairment with which his service-incurred condition continues to
burden her. 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’s authority as defined in
DoDI 6040.44, resides in evaluating the fairness of DES fitness determinations and rating
decisions for disability at the time of separation. 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. Post-separation evidence is probative
only to the extent that it reasonably reflects the disability and fitness implications at the time of
separation.
Interstitial Cystitis Condition. The CI initially presented in September 2000 with a 2 week
history of burning, urgency, frequent urination, suprapubic pain, pressure and back pain. She
failed to respond to treatment and a urology consult was requested. In April 2001, the
urologist noted a history of urinary frequency, urgency, pelvic pain that was relieved by
urination and nocturia 3 to 7 times a night. The physical exam was relatively benign with only
minimal suprapubic tenderness. The CI was continued on a medication (Elmiron) specific to
control the bladder pain and discomfort associated with interstitial cystitis, along with a
medication (Atarax) to stabilize mass cells in the bladder tissue and a medication (Elavil) which
helps to stabilize pain fibers in the pelvis and reduce overall pain. The immediate follow-up
urology appointment performed in May 2001 showed a significant improvement in the CI’s
symptoms with voiding every 3 to 4 hours during the day and nocturia once nightly; however,
the pain while decreased still persisted. The CI was reevaluated in September 2001 for LIMDU
reevaluation. At the time of the reevaluation, the CI had not improved and requested a PEB.
The CI underwent a cystoscopy in October 2001, however due to the lesions and severe
discomfort, the urologist wanted to repeat this procedure under anesthesia with possible
biopsies and fulguration. Later that month, the CI underwent a cystoscopy under anesthesia
for a fulguration to remove the Hunner’s ulcer in the bladder. The urologist subsequently
noted the CI still had urinary urgency, frequency, and hematuria secondary to interstitial cystitis
and planned to modify her medication regime. The MEB narrative summary (NARSUM)
examination 5 months prior to separation documented a year history of interstitial cystitis
symptoms with minimal improvement. No information regarding either daytime or nighttime
voiding frequency was included. The non-medical assessment (NMA) in January 2002 indicated
the CI required frequent lavatory visits and that she was away from her duties on average 8
hours per week for treatment, evaluation, or recuperation. The VA Compensation & Pension
(C&P) examination done in approximately 38 months after separation noted that the CI
urinated 8 times at intervals of 2 hours during the day and during the night, she urinated 4
times at intervals of 2 hours with associated problems of dysuria, weakness, and fatigue.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB coded the interstitial cystitis condition 7512 cystitis, chronic rated as 10%. The VA used the
same coding as the PEB but assigned a 20% rating based on urinary frequency of every 2 hours
during the day and 4r times each night. There was ample documentation in the service
treatment record that the CI has urinary frequency and urgency however most of the notes did
not quantify the number of times that the urgency occurred. An outpatient urology clinic visit
note 14 months prior to separation indicated urinary frequency and nocturia 3 to 7 times a
night. A note a month later indicated the CI was voiding every 3 to 4 hours during the day and
had nocturia once nightly. No further information regarding actual voiding frequency was
available in the record. The NMA indicated that the CI required frequent lavatory visits,
however this frequency was not quantified, nor did the NMA address any nocturia. The C&P
exam, approximately 38 months after separation, noted that the CI urinated 8 times during the
day at intervals of 2 hours and during the night; she urinated 4 times at intervals of 2 hours.
2 PD1200816
This supports a 20% rating. However, this exam falls well outside the 12-month window
specified in DoDI 6040.44 regarding VA evaluations for special Board consideration and
therefore has little direct significance to the determination of a rating at the time of separation.
It appears the CI’s condition worsened over time. A 10% disability rating is assigned for daytime
voiding interval between 2 and 3 hours, or; awakening to void 2 times per night and the
available record contains no evidence to support a frequency greater than this prior to
separation from service. 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 interstitial cystitis 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 interstitial cystitis 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.
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination, as follows:
UNFITTING CONDITION
Interstitial Cystitis
VASRD CODE RATING
7512
COMBINED
10%
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120602, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
xx
Acting Director
Physical Disability Board of Review
3 PD1200816
MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL OF REVIEW
BOARDS
Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
Ref: (a) DoDI 6040.44
(b) CORB ltr dtd 21 Feb 13
In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for
the reasons provided in their forwarding memorandum, approve the recommendations of the PDBR
that the following individual’s records not be corrected to reflect a change in either characterization
of separation or in the disability rating previously assigned by the Department of the Navy’s
Physical Evaluation Board:
- former USN
- former USN
- former USMC
- former USN
- former USMC
- former USN
- former USN
- former USN
- former USMC
- former USMC
- former USMC
- former USMC
xxxx
Assistant General Counsel
(Manpower & Reserve Affairs)
4 PD1200816
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