Search Decisions

Decision Text

AF | PDBR | CY2014 | PD-2014-00461
Original file (PD-2014-00461.rtf) Auto-classification: Denied
RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXXXXXXXXXX       CASE: PD-2014-00461
BRANCH OF SERVICE: AIR FORCE     BOARD DATE: 20141104
SEPARATION DATE: 20061025


SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty SSGT/E-5 (3E473/Pest Management Craftsman) medically separated for asthma. The condition could not be adequately rehabilitated to meet the physical requirements of his Air Force Specialty. He was issued a temporary P4 profile and referred for a Medical Evaluation Board (MEB). The asthma condition was forwarded to the Physical Evaluation Board (PEB) IAW AFI 48-123. No other conditions were submitted by the MEB. The Informal PEB adjudicated the asthma condition as unfitting rated at 10%, referencing the Department of Defense Instruction (DoDI) guidelines and Veterans Affairs Schedule for Rating Disabilities (VASRD). The CI made no appeals and was medically separated.


CI CONTENTION: “All medical conditions were not considered. For example my medical physician stated to me that I did not just get sleep apnea, I had it while I was active duty but because I was not test until after I was separated sleep apnea was not considered. It has been determined that my Asthma was worse than what was assessed at the time of my medical separation. It has been determined Anxiety disorder was related to my military service, this was not considered at the time of my medical separation. I would like to note I signed my medical separation paper work based on information that I was given in 2006. Had I known the severity of my situation I would have disputed my case while active duty in 2006. I was very ill I did not know what was going on with my health. I trusted the doctor and the airman that were handling my case. After all the dust settled I felt cheated out of my life! I was told that I was going to be taken care of! To this day I do not feel taken care of; I feel cheated! I really hope my case can be rated fairly. I feel that I should have medically retired and my family should have military I.D. I was good soldier and the military was my life!”


SCOPE OF REVIEW: The Board’s scope of review is defined in DoDI 6040.44, Enclosure 3, paragraph 5.e. (2). It is limited to those conditions determined by the PEB to be unfitting for continued military service and those conditions identified but not determined to be unfitting by the PEB when specifically requested by the CI. The rating for the unfitting asthma condition is addressed below; the contended sleep apnea and anxiety disorder was not documented by the PEB or MEB and is therefore not in scope. 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 Correction of Military Records.


 RATING COMPARISON :

Service IPEB – Dated 20060908
 VA - based on Service Treatment Records (STR)
Condition
 Code Rating Condition Code Rating Exam
Asthma 6602 10% Asthma 6602 30%* 20080227
Other x 0 (Not in Scope)
 Other x 0 (Not in Scope) STR
Rating: 10%
 Combined: 30%
*Increased from 0% to 30%, retroactive to separation, based on a post-separation examination .


ANALYSIS SUMMARY:

Asthma Condition. The record indicates that the CI was seen in a local (civilian) emergency room on 13 September 2005 for new onset asthma. He was advised to stop smoking and started on medications including oral and inhaled steroids. On spirometry, he had a mild to moderate obstructive defect (asthma) with a good response to medications. Over the course of the next year, his medications were adjusted and he was able to stop smoking with an improvement in both his pulmonary function tests (PFTs) and the use of a daily inhaler. He continued to be on a profile limiting the use of a gas mask which rendered him non-deployable and impaired his ability to accomplish his duties in garrison as well. The narrative summary notes that the medication regimen was being adjusted for better control even at the time of the dictation. He was on a daily bronchodilator and anti-inflammatory. His lungs were clear without wheezes and the PFTs are charted below.

The CI did not report for the initial VA Compensation and Pension examination, but was evaluated on 27 February 2008 (performed 16 months after separation). He reported daily medication use with a “rescue” inhaler 3 to 4 times a week. He reported that most of his symptoms were well controlled and denied any “asthma attacks.” On examination, his lungs were clear without wheezing. No history of current tobacco abuse was recorded. The PFTs are below. The pulmonary evaluations in evidence which the Board weighed in arriving at its rating recommendation, with documentation of additional ratable criteria, are summarized in the chart below.

PFTs
Pre/Post Bronchodilator
 MEB ~5 Mo. Pre-Sep 4 Mo. Pre-Sep 4 Mo. Pre-Sep VA ~ 16 Mo. Post-Sep
FEV1 (% Predicted)
 42/56 69/92 58/71 64/74
FEV1/FVC%
 91/74 95/99 77/90 66/73
Comments
 S till s moking S till s moking ; No comment on medications Stopping tobacco; on daily anti-inflammatory Tobacco not recorded; daily anti-inflammatory
§ 4.97 Rating
 3 0% 1 0% 3 0% 3 0%
30% rating supported by daily medication use and anti-inflammatory use. Post-bronchodilator values support a 10% rating.

The Board directs its attention to its rating recommendation based on the above evidence. The PEB coded the asthma condition as 6602 (asthma) and rated it at 10%. The VA’s examination, over a year after separation, used the same code, but rated the asthma condition at 30% disability, retroactive to the date of separation. The Board noted that the medication profile supports a 30% rating. After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability rating of 30% for the asthma 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 although the PEB did note that it followed DoD guidelines as well. In the matter of the asthma condition, the Board unanimously recommends a disability rating of 30%, coded 6602 IAW VASRD §4.100. 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 re-characterized to reflect permanent disability retirement, effective as of the date of his prior medical separation:

UNFITTING CONDITION
 VASRD CODE RATING
Asthma 6602 30%
COMBINED
 30%


The following documentary evidence was considered:

Exhibit A. DD Form 294, dated 20140101, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record








                 
XXXXXXXXXXXXXXXXXXXX
President
Physical Disability Board of Review


 SAF/MRB
1500 West Perimeter Road, Suite 3700
Joint Base Andrews, MD 20762

Dear XXXXXXXXXXXXXXXXXXXX :
         Reference your application submitted under the provisions of DoDI 6040.44 (Title 10 U.S.C. § 1554a), PDBR Case Number PD-2014-00461.
         After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation system processing was not appropriate under the guidelines of the Veterans Affairs Schedule for Rating Disabilities. Accordingly, the Board recommended your separation be re-characterized to reflect disability retirement, rather than separation with severance pay.
         I have carefully reviewed the evidence of record and the recommendation of the Board. I concur with that finding, accept their recommendation and determined that your records should be corrected accordingly. The office responsible for making the correction will inform you when your records have been changed.
         As a result of the aforementioned correction, you are entitled by law to elect coverage under the Survivor Benefit Plan (SBP). Upon receipt of this letter, you must contact the Air Force Personnel Center at (210) 565-2273 to make arrangements to obtain an SBP briefing prior to rendering an election. If a valid election is not received within 30 days from the date of this letter, you will not be enrolled in the SBP program unless at the time of your separation, you were married or had an eligible dependent child, in such a case, failure to render an election will result in automatic enrollment.

                                                               Sincerely,





XXXXXXXXXXXXXXXXXXXX
Director
Air Force Review Boards Agency
Attachment:
Record of Proceedings

cc:
SAF/MRBR
DFAS-IN

Similar Decisions

  • AF | PDBR | CY2013 | PD-2013-01963

    Original file (PD-2013-01963.rtf) Auto-classification: Approved

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the VASRD standards to the unfitting medical condition at the time of separation. The Board next considered that at the time of separation, although the CI’s asthma was relatively well controlled,treatment notes in the STR, the MEB and C&P exams consistently documented use of the anti-inflammatory inhaler and oral bronchodilator medications, with...

  • AF | PDBR | CY2014 | PD-2014-00018

    Original file (PD-2014-00018.rtf) Auto-classification: Approved

    Separation Date: 20060127 The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the VASRD standards to the unfitting medical condition at the time of separation. Accordingly, the Board recommended your separation be re-characterized to reflect disability retirement, rather than separation with severance pay.I have carefully reviewed the evidence of record and the recommendation of the Board.

  • AF | PDBR | CY2014 | PD-2014-03334

    Original file (PD-2014-03334.rtf) Auto-classification: Denied

    RECORD OF PROCEEDINGSPHYSICAL DISABILITY BOARD OF REVIEWNAME: XXXXXXXXXXXXXXXXXX CASE: PD-2014-03334BRANCH OF SERVICE: AIR FORCEBOARD DATE: 20141209 On a Health History form dated 27 December 2004 (2 months prior to separation);the CI indicated that he was using albuterol for asthma; no other medications were listed.On the Report of Medical Assessment dated 25 January 2005 (a month prior to separation) the CI listed Albuterol as the only medication he was using for asthma.During the VA...

  • AF | PDBR | CY2012 | PD2012 00466

    Original file (PD2012 00466.rtf) Auto-classification: Denied

    Asthma . The CI continued to be symptomatic despite his maximal medical regimen.At the MEB exam on 30May 2001, approximately 4months prior to separation, the CI reported some improvement in his SOBbut that he still required a pre-exercise rescue inhaler, often needing to halt PT and required additional rescue inhaler use throughout the day. XXXXXXXXXXXXXXXXXX President Physical Disability Board of Review

  • AF | PDBR | CY2013 | PD-2013-02765

    Original file (PD-2013-02765.rtf) Auto-classification: Approved

    The requested sleep apnea, anxiety, hypertension and rhinitis conditions were not identified by the PEB, and therefore not 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 Correction of Military Records. Asthma Condition . The PEB TDRL exit rating was 10%,with the disability description stating: “not...

  • AF | PDBR | CY2009 | PD2009-00104

    Original file (PD2009-00104.docx) Auto-classification: Approved

    The CI was referred to the PEB, found unfit for the Asthma condition, determined unfit for continued military service and separated at 10% disability using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Air Force and Department of Defense regulations. Other Conditions . There is no evidence that supports finding either migraines or gastroesophageal reflux disease unfit and therefore these conditions are not rated.

  • AF | PDBR | CY2014 | PD-2014-00309

    Original file (PD-2014-00309.rtf) Auto-classification: Denied

    SEPARATION DATE: 20030709 However, the Board did note that the pulmonologist did documented normal baseline PFTs at the time of the methacholine challenge test.The Board directed attention to its rating recommendationbased on the above evidence.The PEB rated the asthma condition at 10%, coded under 6602 as did the VA. I have carefully reviewed the evidence of record and the recommendation of the Board.

  • AF | PDBR | CY2013 | PD 2013 00908

    Original file (PD 2013 00908.rtf) Auto-classification: Approved

    SEPARATION DATE: 20040312 Asthma Condition . The diagnosis in his finding of unfitness for Asthma,VASRD Code 6602, was rated at 30% rather than 10%.

  • AF | PDBR | CY2012 | PD 2012 00492

    Original file (PD 2012 00492.txt) Auto-classification: Denied

    Asthma. In the matter of the asthma condition and IAW VASRD §4.97, the Board unanimously recommends no change in the PEB adjudication at either the time of TDRL entry or at the time of TDRL exit and permanent separation from service. RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of the CI’s disability and separation determination, as follows: UNFITTING CONDITION VASRD CODE RATING TDRL PERMANENT Asthma 6602 30% 0% COMBINED 30% 0% The following...

  • AF | PDBR | CY2013 | PD-2013-01970

    Original file (PD-2013-01970.rtf) Auto-classification: Denied

    RATING COMPARISON : Service IPEB – Dated 20050708VA -(7 Mos. Physical Disability Board of Review I have carefully reviewed the evidence of record and the recommendation of the Board.