| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Mr. Thomas E. O’Shaughnessy, Jr. | Member |
APPLICANT REQUESTS: In effect, that her separation for disability be changed to a medical retirement with a 30 percent disability rating.
APPLICANT STATES: That she was rated only for pain and having a benign liver tumor. The fact the tumor blocked her inferior vena cava by more than 80 percent, which caused severe circulation problems in her legs, was not taken into consideration. Supporting evidence is as listed on the DD Form 149.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the Regular Army on 19 May 1988.
While being treated after a motor vehicle accident in 1991, the applicant was discovered to have a liver mass. On 8 December 1992, a liver ultrasound determined the mass lesion was slightly hypodense and had a size of approximately 6 centimeters in diameter. It was also seen to extend into the inferior vena cava with greater than 80 percent area narrowing at a level approximately 2 centimeters below the confluence of the hepatic veins. A biopsy performed in December 1992 determined the lesion was benign.
A Narrative Summary dated 9 June 1994 indicated the applicant’s chief complaint was abdominal pain. The applicant described upper quadrant pain since 1992, which was very variable, sometimes sharp and stabbing pain exacerbated by running, sometimes very dull pain, and sometimes she could barely feel the pain.
On 7 September 1994, an informal physical evaluation board (PEB) found the applicant physically unfit by reason of pain secondary to liver tumor, hepatic mass, under codes 7344 and 7313, with a disability rating of 20 percent. The PEB recommended her separation with severance pay. On 21 September 1994, the applicant noncurred in the findings of the board and demanded a formal hearing. On 23 September 1994, the applicant withdrew her request for a formal hearing and concurred with the findings.
On 22 November 1994, the applicant was discharged for disability, with severance pay, after completing 6 years, 6 months, and 4 days of creditable active service.
On 8 December 1999, the applicant was examined by the Department of Veterans Affairs (VA) for housebound status for complaints including “bad problems legs knees pain…” Diagnoses included painful leg syndrome. She was examined again on 24 February 2001. At that time she was diagnosed with a liver mass invading the inferior vena cava; thigh pain due to the liver mass; lower extremity edema due to the liver mass; and diabetes with probable diabetic neuropathy.
Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. The regulation defines “physically unfit” as unfitness due to physical disability. The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.
The VA Schedule for Rating Disabilities (VASRD) is the standard under which percentage rating decisions are to be made for disabled military personnel. The VASRD is primarily used as a guide for evaluating disabilities resulting from all types of diseases and injuries encountered as a result of, or incident to, military service. Once a soldier is determined to be physically unfit for further military service, percentage ratings are applied to the unfitting conditions from the VASRD. These percentages are applied based on the severity of the condition.
The VASRD states code 7344 (new growths, benign, any specified part of the digestive system, exclusive of skin growths) will be rated based on interference with digestion, using any applicable digestive analogy. Code 7313 (liver, abscess of, residuals) gives a 20 percent rating with moderate symptoms and a 30 percent rating with severe symptoms.
Title 38, U. S. Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. There is no evidence of Government error or injustice in this case. When the applicant was evaluated prior to her PEB, she described her pain as variable, sometimes sharp and stabbing pain exacerbated by running, sometimes very dull pain, and sometimes she could barely feel the pain. Based upon that description, which the Board agrees does not meet the standards of “severe,” she was properly given a disability rating of 20 percent. Although she had a benign liver tumor, since she had no complaint of an interference with her digestion she could not have received a digestive analogy rating. Blockage of the inferior vena cava by itself was not a disability that could have been rated.
3. 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
__kak___ __reb___ __teo___ DENY APPLICATION
| CASE ID | AR2001062792 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011211 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.02 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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