IN THE CASE OF:	  

		BOARD DATE:	  9 October 2014

		DOCKET NUMBER:  AR20140002579 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of her earlier request to add Sjögren's syndrome to her unfitting conditions and, in effect, an increase in her disability rating.

2.  The applicant states, in effect, she has had Sjögren's syndrome since 28 March 2000.

3.  The applicant provides a letter from her primary care physician, dated 10 January 2014.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120020702 on 6 August 2013.

2.  The applicant provided a letter from her primary care physician, dated 10 January 2014.  This letter is new evidence that will be considered by the Board.

3.  The applicant enlisted in the Regular Army on 22 October 1998 for a period of 4 years.  She completed training and was awarded military occupational specialty 88M (motor transport operator).

4.  In April 2001, a medical evaluation board (MEB) diagnosed her with:

* severe left chronic trochanteric bursitis
* bilateral ischial tuberosity bursitis with tight muscles of the lower extremities
* major depressive disorder

5.  The MEB recommended her referral to a physical evaluation board (PEB).  The applicant indicated she did not desire to continue on active duty and she did not agree with the board's findings and recommendations.  She submitted a three-page memorandum indicating her other conditions should be considered in the MEB evaluation and she submitted a list of recurring symptoms she believed should be considered.  The list included headaches, nausea, fatigue, moodiness, unexplained bleeding, fluctuating weight gain and loss, light headedness, difficulty concentrating and focusing, dry mouth, rashes, and fever.

6.  On 22 May 2001, a PEB found her physically unfit due left hip and back pain with a clinical assessment of severe left chronic trochanteric bursitis and bilateral ischial tuberosity bursitis with tight muscles.  The PEB recommended a 
10-percent disability rating and separation with severance pay.  The PEB determined her other diagnosed conditions were not unfitting.  On 1 June 2001, she concurred with the recommendation of the PEB and waived a formal hearing of her case.

7.  Her records do not contain evidence showing she was issued a physical profile for Sjögren's syndrome which affected her ability to perform her assigned duties.

8.  On 11 September 2001, she was honorably discharged by reason of disability with severance pay.

9.  On 17 June 2004, the Department of Veterans Affairs (VA) awarded the applicant a 60-percent service-connected disability rating for Sjögren's syndrome with a history of anemia and a 10-percent service-connected disability rating for migraine headaches.

10.  On 24 April 2009, the VA awarded the applicant a 60-percent service-connected disability rating for Sjögren's syndrome with systemic lupus erythematosus (previously identified as Sjögren's syndrome with a history of anemia).

11.  The applicant provided a letter from her primary care physician, dated 10 January 2014, who attests:
	a.  The applicant has been under her care since November 2002.

	b.  She was evaluated by rheumatology and has been under their care with the diagnosis of Sjogren's syndrome with positive anti-RO and anti-LA antibodies.

	c.  Her medical records show evidence of leukopenia since 28 March 2000.

	d.  It is her opinion that the applicant has had Sjogren's syndrome since 28 March 2000 while in the service.

12.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  It states there is no legal requirement in arriving at the rated degree of incapacity to rate a physical condition which is not in itself considered disqualifying for military service when a Soldier is found unfit because of another condition that is disqualifying.  Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability.

13.  Title 10, U.S. Code, chapter 61, provides for disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade, or rating because of disability incurred while entitled to basic pay.

14.  Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent.  Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating of less than 30 percent.

15.  Title 38, U.S. Code, sections 310 and 331, permit the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge, or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.
DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the addition of Sjögren's syndrome to her unfitting conditions.

2.  Her MEB did not list Sjögren's syndrome as a medical condition/defect.  There is no evidence to show she was issued a physical profile for this condition.  She provided no evidence to show this condition rendered her unfit to perform her military duties.  Therefore, there is insufficient evidence with which to find that this condition was unfitting.

3.  The evidence shows the PEB found her physically unfit due to left hip and back pain with a clinical assessment of severe left chronic trochanteric bursitis and bilateral ischial tuberosity bursitis with tight muscles.

4.  The evidence shows she concurred with the PEB findings and recommendation on 1 June 2001.

5.  There is insufficient evidence to show her unfitting conditions were improperly rated by the PEB in 2001.  Therefore, there is no basis for granting the applicant's request to increase her disability rating.

6.  The rating action by the VA does not demonstrate an error or injustice on the part of the Army.  The VA, operating under its own policies and regulations, assigns disability ratings as it sees fit.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x_____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are 


insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120020702, dated 6 August 2013.



      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20140002579



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ABCMR Record of Proceedings (cont)                                         AR20140002579



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