RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

  SEPARATION DATE:  20020715 

 
NAME:  XXXXXXXXXXXXXXXXX                                                         BRANCH OF SERVICE:  ARMY   
CASE NUMBER:  PD1200948                                                            
BOARD DATE:  20121107                      
 
 
SUMMARY  OF  CASE:    Data  extracted  from  the  available  evidence  of  record  reflects  that  this 
covered  individual  (CI)  was  an  active  duty  SSG/E-6  (11M30/Mechanized  Infantry),  medically 
separated for history of heat stroke, with recurrent heat intolerance/exhaustion.  The CI initially 
had  a  diagnosis  of  a  heat  stroke  in  1999.    He  could  not  be  adequately  rehabilitated  with 
treatment 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).    Heat  stroke  with  multiple  episodes  of  heat 
exhaustion  was  forwarded  to  the  Physical  Evaluation  Board  (PEB)  as  medically  unacceptable 
IAW AR 40-501.  No other conditions were submitted by the MEB.  The PEB adjudicated the 
history of heat stroke condition as unfitting, rated 10% with application of the Veteran’s Affairs 
Schedule for Rating Disabilities (VASRD).  The CI made no appeals, and was medically separated 
with a 10% disability rating.  
 
 
CI CONTENTION:  “Not all conditions was [sic] rated fairly.”  
 
 
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 heat stroke, with recurrent 
heat  intolerance/exhaustion  condition  is  addressed  below;  and,  no  additional  conditions  are 
within  the  DoDI  6040.44  defined  purview  of  the  Board.    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 the Correction of Military Records. 
 
 
RATING COMPARISON: 
 

Service PEB – Dated 20020528 

VA (3 Mos. Post-Separation) – All Effective Date 20020716 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

History of Heat Stroke, 
with Recurrent Heat 
Intolerance/Exhaustion 

7999-7900 

10% 

↓No Additional MEB/PEB Entries↓ 

Combined:  10% 

Residuals, Heat Stroke with 
Recurrent Heat Intolerance/ 
Exhaustion 
Asthma 
Hypertension 
Steatohepatitis 
Chronic Obstructive Pulmonary- 
Disease 
Diabetes Mellitus Type II 

8999-8911 

6602 
7101 
7345 
6604 
7913 

0% X 1 / Not Service-Connected x 1 

Combined:  30% 

0% 

10% 
10% 
0% 
0% 
10% 

20021024 

20021024 
20021024 
20021024 
20021024 
20021024 
20021024 

 
 
ANALYSIS SUMMARY:  The Disability Evaluation System (DES) is responsible for maintaining a fit 
and vital fighting force.  While the DES considers all of the service member's medical conditions, 
compensation  can  only  be  offered  for  those  medical  conditions  that  cut  short  a  service 
member’s  career,  and  then  only  to  the  degree  of  severity  present  at  the  time  of  final 
disposition.  The DES has neither the role nor the authority to compensate service members for 
anticipated  future  severity  or  potential  complications  of  conditions  resulting  in  medical 
separation  nor  for  conditions  determined  to  be  service-connected  by  the  Department  of 
Veterans’  Affairs  (DVA)  but  not  determined  to  be  unfitting  by  the  PEB.    However,  the  DVA, 
operating  under  a  different  set  of  laws  (Title  38,  United  States  Code),  is  empowered  to 
compensate all service-connected conditions and to periodically re-evaluate said conditions for 
the purpose of adjusting the Veteran’s disability rating should the degree of impairment vary 
over time.  The Board’s role is confined to the review of medical records and all evidence at 
hand to assess the fairness of PEB rating determinations, compared to VASRD standards, based 
on severity at the time of separation. 
 
Heat Stroke, with Recurrent Heat Intolerance/Exhaustion Condition. The CI had an episode of 
heat  stroke  manifested  by  syncope  with  mental  status  changes  during  the  Basic  Non-
commissioned Officers Course (BNNOC) in 1999.  He developed no medical complications from 
this heat injury, but was placed on the P3 profile when symptoms persisted and was referred to 
the  MEB  30  July  1999.    The  MEB  initially  determined  the  heat  condition  to  be  medically 
unacceptable, but was terminated and the CI given a trial of duty with a new assignment.  The 
CI  reported  “heat  intolerance  light  headedness,  nausea  and  headaches”  in  this  environment 
when temperatures exceeded 90 degrees and the MEB was reinitiated.  At the MEB narrative 
summary (NARSUM) examination, performed on 7 May 2002, 6 months prior to separation, the 
examiner  reported  no  emergency  room  or  emergent  clinic  visits  for  treatment  of  heat 
symptoms since initial occurrence in 1999.  The CI reported treatment at an aid station in the 
summer for dizziness while mowing his yard, but this is not confirmed in the record in evidence.  
Physical examination was normal except for body mass index (BMI) of 36.6 consistent with class 
II obesity.  At the VA Compensation and Pension (C&P) examination, performed on 24 October 
2002,  3  months  after  separation,  the  CI  reported  dizziness  and  nausea  when  exposed  to 
temperatures greater than 90 degrees and was able to mow his grass only early in the morning 
and walk outside during the summer for only short periods.  Physical examination was normal 
except for a BMI of 37.7.  The Board directs attention to its rating recommendation based on 
the  above  evidence. 
  The  PEB  rated  the  condition  10%,  code  7900,  analogous  to 
hyperthyroidism.  The VA rated the condition 0%, code 8911, analogous to epilepsy.  On review 
the  Board  unanimously  agreed  that  the  heat  exhaustion/intolerance  condition  was  mild 
without functional residual or significant impact on occupational and social activity.  The Board 
was unable to find any pathway to a higher rating.  After due deliberation, considering all of the 
evidence and mindful of VASRD §4.3 (reasonable doubt), the Board concluded that there was 
insufficient cause to recommend a change in the PEB adjudication for the heat 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  heat  condition  and  IAW  VASRD  §4.12a,  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: 
 

VASRD CODE  RATING 
7999-7900 
COMBINED 

10% 
10% 

          XXXXXXXXXXXXXXXXXXX 
           President 
           Physical Disability Board of Review 

History of Heat Stroke; Recurrent Heat Intolerance/Exhaustion   

UNFITTING CONDITION 

 
 
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 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 

 
 

 
 
 

 
 
 

 
 
 

 
 
 

 
 

 
 
 

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, AR20120021221 () 
 
 
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 
 
 

     XXXXXXXXXXXXXXXXX 
     Deputy Assistant Secretary 
         (Army Review Boards)