RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

BRANCH OF SERVICE:  NAVY  
SEPARATION DATE:  20020521 

 
NAME:   XXXXXXXXXX 
CASE NUMBER:  PD1200851                                                       
BOARD DATE:  20130115   
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered individual (CI) was a reserve Navy AWAN/E-3 (P3C/Acoustic Sensor Operator) medically 
separated for  diabetes mellitus.   The  CI  was  initially  diagnosed  with  Type  1  diabetes  in  April 
2001 as the result of a routine outpatient laboratory test.  Despite injected medication (Insulin) 
and lifestyle counseling he could not be adequately rehabilitated to meet the requirements of 
his rating or satisfy physical fitness standards.  He was consequently placed on limited duty and 
referred for a Medical Evaluation Board (MEB).  The MEB diagnosed four conditions; diabetes 
mellitus  Type  I  (primary),  dyslipidemia  (second),  alcoholism  (third),  and  alcohol  dependence 
(fourth).  The Physical Evaluation Board (PEB) adjudicated diabetes Type I as unfitting and rated 
40%,  but  reduced  the  rating  to  20%  for  non-compliance.    The  alcohol  dependence  and 
dyslipidemia conditions diagnoses referred by the MEB were determined to be Category 4, not 
constituting physical disabilities.  The CI made no appeals and was medically separated with a 
20% disability rating.   
 
 
CI CONTENTION:  The application states “I was diagnosed as a Type I diabetic.  I was considered 
a hazard to myself and to my crew.  Me being so young at the time and very ignorant I did not 
know how serious this life long disease was.  Over the past 11 years I have learned the hard way 
about how serious my condition is.  I feel that 20% is just a drop in the bucket.  My life has been 
completely turned around and upside down.  I am limited to the type of work I qualify for.  My 
disease  is  thought  to  be  brought  on  by  the  abnormal  eating  habits  and  sleeping  habits  I 
endured while in the service.  Unfortunately the job I performed I had no choice.  Eat and sleep 
when you can because there was no telling when I would get another chance.” (sic)  He 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 conditions “identified but not determined 
to  be  unfitting  by  the  PEB.”    The  rating  for  the  unfitting  diabetes  is  addressed  below.    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 PEB – Dated 20020426 
Condition 
Diabetes,  Type I 
Alcohol dependence 
Dyslipidemia 
↓No Additional MEB/PEB Entries↓ 
Combined:  20% 

Code 
7913 
Category IV 
Category IV 

Rating 
20% 

VA (~2 Mo. Post-Separation) – Effective 20020522 
Condition 
Diabetes mellitus 
Not addressed 
Not addressed 
 
Combined:  20% 

Code 
7913 
 
 
 

Rating 
20% 
 
 
 

Exam 
STR 
 
 
 

ANALYSIS SUMMARY:  The Board acknowledges the CI’s information regarding the significant 
impairment  with  which  his  service-connected  condition  continues  to  burden  him;  but,  must 
emphasize 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.    That  role  and  authority  is  granted  by  Congress  to  the 
Department  of  Veterans  Affairs  (DVA),  operating  under  a  different  set  of  laws.    The  Board 
considers DVA evidence proximate 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 to the Board’s recommendations only to the extent that 
it reasonably reflects the disability at the time of separation.   
 
Diabetes,  Type  I.    The  narrative  summary  (NARSUM)  in  November  2001,  6  months  prior  to 
separation, noted that the CI began Insulin therapy in September 2001 and was administering 
multiple daily injections of insulin at the time of the MEB.  Glycosolated hemoglobin (A1c) was 
11.4  (target  <~7).    He  had  been  given  diabetic  dietary  education.    He  had  demonstrated 
“excellent  adherence  to  his  new  diabetic  regimen  with  evidence  of  frequent  blood  glucose 
monitoring,  and…to  diet  and  exercise,”  and  his  daily  blood  sugar  range  had  improved  since 
starting insulin.  There was no documentation of physician-prescribed regulation of activities. 
There was no history of hypoglycemia, ketoacidosis, diabetic complications or hospitalization 
for diabetes mellitus.  The VA  Compensation and Pension (C&P) rating decision in July 2002, 
2 months after separation, was based on the service treatment record.  There was no record of 
a  separate  C&P  exam.    Records  indicate  a  hospital  admission  for  acute  pancreatitis,  diabetic 
ketoacidosis  and  alcohol  abuse  in  July  2003,  14  months  after  separation.    There  was  non-
compliance with his diabetic treatment noted at that time.  
 
The  Board  directs  attention  to  its  rating  recommendation  based  on  the  above  evidence.  
Although the PEB rating was 40% with a 20% deduction for non-compliance (20% combined), 
there was no PEB worksheet in evidence to elucidate how the PEB arrived at either their 40% 
rating or rationale for a 20% deduction.  The Board considered the CI’s adherence to his insulin 
therapy and his restricted diet to control his diabetes condition to be consistent with a rating of 
20% for rating code 7913.  The Board found no evidence of physician-prescribed regulation of 
activities  to  support  a  40%  rating  for  code  7913.    The  CI  had  no  history  of  hypoglycemia  or 
ketoacidosis,  or  related  hospitalizations  proximate  to  separation.    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 final 20% 
adjudication  for  the  diabetes  condition;  however,  the  Board  recommends  straight  coding  of 
20% without any deductions.   
 
 
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 diabetes, Type I, condition and IAW VASRD §4.119, the 
Board unanimously recommends no change in the PEB’s final 20% rating, but modification to a 
straight 20% disability coded 7913.  There were no other conditions within the Board’s scope of 
review for consideration.   
 
 
 
 
 

   2                                                           PD1200851 
 

RECOMMENDATION:  The Board recommends that the CI’s prior determination be modified as 
follows, effective as of the date of his prior medical separation:   
 

UNFITTING CONDITION 
Diabetes, Type I 

VASRD CODE  RATING 
7913 
COMBINED 

20% 
20% 

 
 
The following documentary evidence was considered: 
 
Exhibit A.  DD Form 294, dated 20120612, w/atchs. 
Exhibit B.  Service Treatment Record. 
Exhibit C.  Department of Veterans Affairs Treatment Record. 
 
 
 
 
 
 
 
 

 

           XXXXXXXXXXXXXXXXX 
           President 
           Physical Disability Board of Review 

   3                                                           PD1200851 
 

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 31 Jan 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 USMC 
 
                  -    former USMC 
-    former USMC 
 
-    former USN  
 
-    former USN  
-    former USN  
-    former USN   

 
 

 

 

 
 
 
 
 

     

 

 
      
 

 
 
 

 
 
 

 
 
 

 
 
 

  XXXXXXXXXXXXX 
  Assistant General Counsel 
     (Manpower & Reserve Affairs) 

   4                                                           PD1200851