Search Decisions

Decision Text

AF | PDBR | CY2014 | PD-2014-01482
Original file (PD-2014-01482.rtf) Auto-classification: Denied
RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXXXXXXXXXX       CASE: PD-2014-01482
BRANCH OF SERVICE: NAVY  BOARD DATE: 20141209
SEPARATION DATE: 20080903


SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty PO2/E-5 (MM2/Machinist’s Mate) medically separated for eczema. The condition could not be adequately rehabilitated to meet the physical requirements of his Rating. He was placed on limited duty and eventually referred for a Medical Evaluation Board (MEB). The condition, characterized as “dyshidriotic eczema,” was forwarded to the Physical Evaluation Board (PEB) IAW SECNAVINST 1850.4E. The Informal PEB adjudicated “dyshidriotic eczema” rated 10% with likely application of the VA Schedule for Rating Disabilities (VASRD). The CI requested to remain on active duty in a permanent limited duty status until 14 August 2009, but was medically separated.


CI CONTENTION: “ECZEMA”


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 skin 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 Correction of Naval Records.


 RATING COMPARISON :

Service IPEB – Dated 20080104
 VA - (22 Months Post-Separation)
Condition
 Code Rating Condition Code Rating Exam
Dyshidriotic Eczema 7806 10% Eczema 7806 0% 20100708
Other x 0 (Not In Scope)
 Other x 2
Combined: 10%
 Combined: 10%
Derived from VA Rating Decision (VA RD ) dated 20 100831 ( most proximate to date of separation)


ANALYSIS SUMMARY:

Eczema Condition. The CI developed a rash on his feet diagnosed as chronic dyshidriotic eczema in 2006. The rash was associated with breakdown of the skin with fissuring, cracking and peeling and was predominantly restricted to the feet. The condition worsened with wearing of boots and performance of ship-board duties. The symptoms persisted despite treatment and prevented performance of military duties. At the time of the MEB narrative summary (NARSUM) examination on 16 October 2007, there were 3 centimeter plaques on both feet and the skin of both feet was dry. There were small 1-to-2 millimeter vesicles on the sides of the fingers. Clinic examinations on 29 November 2007 and 12 August 2008 recorded similar examination findings with skin changes on the feet.
The commander’s non-medical assessment on 13 November 2007, reported outstanding performance in the office setting of the legal office. At the VA Compensation and Pension examination on 8 July 2010, 22 months after separation, the CI reported continued scaly itchy rash of the feet and more discrete nodular rash to the hands. At the time of the examination, there were nodular lesions of the hands and eczematous lesions along the lateral aspects of both feet. The examiner reported that there was less than 5% of exposed skin and less than 5% of total body area affected.

The Board directed attention to its rating recommendation based on the above evidence. The PEB rated the Dyshidrotic eczema condition 10%, coded 7806 (dermatitis or eczema). The VA rated the eczema at 0% code 7806, citing involvement of less than 5% or exposed or total body surface area. For the 10% rating, at least 5% of skin involvement is required and for a rating of 30% required skin involvement of 20% to 40% body surface area. At the time of the MEB NARSUM examination and the treatment records prior to separation, less than 5% of exposed skin or total body surface area was involved. 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 Dyshidrotic eczema 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. In the matter of the dyshidriotic eczema condition and IAW VASRD §4.118, 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 re-characterization of the CI’s disability and separation determination.


The following documentary evidence was considered:

Exhibit A. DD Form 294, dated 20140319, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record




                                   

XXXXXXXXXXXXXXX
President
DoD Physical Disability Board of Review



MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS
 Subj:    PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATION
Ref:     (a) DoDI 6040.44
(b) CORB ltr dtd 13 May 15

In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for the reasons provided in their forwarding memorandums, 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:

-        XXXXXXXXXXXXXXXXXXXX, former USMC
-        XXXXXXXXXXXXXXXXXXXX, former USN
-        XXXXXXXXXXXXXXXXXXXX , former USMC
-        XXXXXXXXXXXXXXXXXXXX, former USN
-        XXXXXXXXXXXXXXXXXXXX , former USN
-        XXXXXXXXXXXXXXXXXXXX, former USMC
-        XXXXXXXXXXXXXXXXXXXX, former USN
-        XXXXXXXXXXXXXXXXXXXX, former USN






XXXXXXXXXXXXXXXXXXXX
Assistant General Counsel (Manpower & Reserve Affairs)

Similar Decisions

  • AF | PDBR | CY2012 | PD2012-00158

    Original file (PD2012-00158.docx) Auto-classification: Denied

    The PEB adjudicated the chronic hand and foot dermatitis condition as unfitting, rated 10% with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). The chronic hand and foot dermatitis condition requested for consideration meets the criteria prescribed in DoDI 6040.44 for Board purview, and is addressed below. The older ratings were based on a judgment about the degree of exfoliation, exudation or itching; or the presence of disfigurement, systemic or nervous...

  • AF | PDBR | CY2013 | PD-2013-01795

    Original file (PD-2013-01795.rtf) Auto-classification: Denied

    The CI reported flares of the skin with sun exposure only. The diagnosis was atopic (allergic rhinitis) and the examiner opined that increased temperature (rather than sunlight or ultraviolet radiation caused the rash.At a VA dermatology evaluation on 30 September 2004,a month after separation, the CI was using vitamin E lotion only, having “tried and failed”multiple treatments including oral steroids, steroid creams, antihistamines, animmunosuppressant skin cream (Elidel), and “light box...

  • AF | PDBR | CY2013 | PD-2013-02232

    Original file (PD-2013-02232.rtf) Auto-classification: Denied

    The MEB characterized the CI’s skin condition as “solar urticaria” (a condition in which exposure to the sun [or ultraviolet radiation] induces urticaria or hives)and forwarded this to the Physical Evaluation Board (PEB) for consideration. The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at...

  • AF | PDBR | CY2014 | PD-2014-02255

    Original file (PD-2014-02255.rtf) Auto-classification: Denied

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The CI ultimately responded to a 10-day, followed by a 21-day, taper of decreasing doses of oral steroids.A subsequent dermatology consultation from March 2008 (8 months prior to separation) described the previous...

  • AF | PDBR | CY2013 | PD-2013-01344

    Original file (PD-2013-01344.rtf) Auto-classification: Denied

    SEPARATION DATE: 20040722 Both the PEB and VA rated the DLE condition at 10% analogously coded 7809-7806. Covered skin was not susceptible to rash.

  • AF | PDBR | CY2013 | PD-2013-01602

    Original file (PD-2013-01602.rtf) Auto-classification: Approved

    DATE OF PLACEMENT ON TDRL: 20030706Date of Permanent SEPARATION: 20040720 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 asthma condition and...

  • AF | PDBR | CY2014 | PD-2014-03167

    Original file (PD-2014-03167.rtf) Auto-classification: Denied

    The C&P exam noted the CI was treated for contact dermatitis for less than 6 weeks within the past 12 months with a topical corticosteroid cream. BOARD FINDINGS : 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 contact dermatitis to hydraulic fluids condition and IAW VASRD §4.118 (Schedule of Ratings –Skin), the Board unanimously recommends no change in the PEB adjudication.There were no other...

  • AF | PDBR | CY2012 | PD2012-00464

    Original file (PD2012-00464.pdf) Auto-classification: Denied

    The Board’s role is thus confined to the review of medical records and all evidence at hand to assess the fairness of PEB rating Combined: 10% that indicated determinations, compared to VASRD standards, based on ratable severity at the time of separation; and, to review those fitness determinations within its scope (as elaborated above) based on MOS performance limitations in evidence at separation. The MEB physical exam performed approximately 8 months prior to separation, noted scalp...

  • AF | PDBR | CY2013 | PD2013 01339

    Original file (PD2013 01339.rtf) Auto-classification: Denied

    The hand eczema condition, characterized as two separate conditions “hand eczema and allergic contact dermatitis”, was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501. I can’t stand for long periods of time without numbness and shooting pain down my left leg. Allergic Contact Dermatitis .The first record in evidence dated 1 November 2001 and four months after accession noted that the CI had a type of eczema and was treated with steroids.

  • AF | PDBR | CY2013 | PD-2013-02475

    Original file (PD-2013-02475.rtf) Auto-classification: Denied

    The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVASRD standards to the unfitting medical condition at the time of separation. The internal medicine evaluation on 6 January 2006, noted symptoms resolving and a normal examination with “no evidence of overt arthritis,” “no signs of SLE flare and all signs of prior flare now resolved.” There are no further service treatment record entries prior to...