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ARMY | BCMR | CY1990-1993 | 9308657
Original file (9308657.rtf) Auto-classification: Denied
APPLICANT REQUESTS: Reconsideration of the denial of his application for correction of his military records wherein he requested that his disability rating from the Army be increased to reflect his hypothyroidism.
APPLICANT STATES : That a few days after his discharge he was diagnosed as having hypothyroidism. His physician has stated that his joint deterioration is at least partially due to that condition.

NEW EVIDENCE AND/OR INFORMATION : The applicant now contends that the Board did not previously consider the fact that blood test results, results which conclusively showed that he was suffering from active uncontrolled hypothyroidism, were not taken into account by his physical evaluation board (PEB) in his disability rating.

EVIDENCE OF RECORD : The applicant’s military records were incorporated in the Memorandum of Consideration prepared during the original review of his case.

The Board denied the applicant’s original application in a Memorandum of Consideration (COPY ATTACHED) on 14 September 1994.

He enlisted in the Regular Army on 29 October 1985 with over 2 1/2 years of prior service in the Army Reserve. He was awarded the military occupational specialty of light wheel vehicle mechanic and was promoted to pay grade E-5.

On 12 July 1991 a Medical Evaluation Board (MEB) was convened to determine whether the applicant was qualified for retention.  The MEB determined that he suffered from degenerative disk disease of lumbosacral spine; spondylosis (dissolution of a vertebra) on right, L5; avascular (not supplied with blood vessels) necrosis (morphological changes indicative of cell death and caused by the progressive degradative action of enzymes) of both hips; patellofemoral pain syndrome, right knee, moderately severe; impingement, right (dominant) shoulder, with bicipital tendentious; mechanical back pain secondary to his degenerative disc disease and his spondylosis; and sensorineural hearing loss, bilateral, moderately severe. The MEB determined that he was medically disqualified and referred him to a PEB.

On 22 July 1991 an informal PEB was convened and determined that the applicant was physically unfit due to avascular necrosis of both hips on x-ray with symptoms, bone scan, and MRI consistent with early collapse of the right femoral head, with full range of motion but with pain on abduction and internal rotation of right hip, crutch ambulation required; and patellofemoral pain syndrome of right knee without limitation of motion, X-ray or bone scan changes, conditions warranting a 40 percent disability rating. The PEB also found him physically unfit due to degenerative disc disease without herniation and with spondylosis of L5 productive of characteristic pain on motion, warranting a 10 percent rating, and due to impingement syndrome of right (major) shoulder with bicipital tendentious, warranting a 10 percent rating. The PEB did not find his hearing loss to be unfitting and did not rate that condition. The PEB recommended that his name be placed on the Permanent Disability Retired List (PDRL), with a combined rating of 50 percent disabled. The applicant concurred with those findings and the recommendation and waived a formal hearing.

Accordingly, his name was placed on the PDRL on 16 September 1991, rated 50 percent disabled.

In the processing of this case advisory opinions (COPIES ATTACHED) were obtained from the Office of The Surgeon General (OTSG) and the Physical Disability Agency (PDA). The OTSG stated that blood tests taken in April 1991 show that the applicant did have severe hyperthyroidism while on active duty, but that condition was not responsible for any of his present or future medical problems or physical disability. The PDA stated in its opinion that hypothyroidism is rarely ever considered to be an unfitting condition. The condition is easily controlled through medication and usually has little effect upon the ability to do one’s tasks as a soldier. Therefore, the applicant’s hypothyroidism would not have been found to be an unfitting condition and would not have been compensable had it been included by the PEB in its 1991 consideration.  The PDA recommends that the applicant’s records not be changed.

The Army rates only conditions which are determined to be physically unfitting for further military service thereby compensating the individual for the loss of his or her military career.

DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1. The applicant’s blood tests showed that he suffered from severe hypothyroidism while he was on active duty and that condition was not rated by his PEB.

2. However, since hypothyroidism is not unfitting it would not have been rated by the PEB even if it were known that he had that condition.

3. The applicant was properly rated for all of his known disabilities by the PEB. The applicant has not contested the validity of those ratings nor has he contended that he has additional disabilities that have not been rated.

4. As such, the applicant has not submitted any evidence which shows that his disability was not properly rated by the Army at the time of his discharge.

5. In view of the foregoing, there is no basis for granting the applicant’s request.

DETERMINATION : The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.



BOARD VOTE :

GRANT

GRANT FORMAL HEARING

DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director

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