RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2014-01865
BRANCH OF SERVICE:  ARMY	BOARD DATE:  20141024
SEPARATION DATE:  20020424

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty PFC/E-3 (31U/Signal Support Systems Specialist) medically separated for diabetes mellitus.  The condition could not be adequately rehabilitated to meet the physical requirements of his Military Occupational Specialty. He was issued a permanent P3 profile and referred for a Medical Evaluation Board (MEB).  The diabetes condition, characterized as “Type 1 Diabetes Mellitus” was forwarded to the Physical Evaluation Board (PEB) IAW AR 40-501.  No other conditions were submitted by the MEB.  The Informal PEB adjudicated “diabetes mellitus” as unfitting and rated 20%.  The CI made no appeals and was medically separated.

CI CONTENTION:  “Please consider all conditions”.  The CI also attached a one page statement to his application which was reviewed by the Board and considered in its recommendations.

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 diabetes mellitus condition is addressed below; 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 20020207	VA - ( 99 Months Post-Separation)	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Diabetes Mellitus	7913	20%	Diabetes Mellitus	7913	20%	20100722	
Other x 0  (Not in Scope)	Other x 5	
Rating:  20%	Combined:  20%	
Derived from VA Rating Decision (VARD) dated 20100908.

ANALYSIS SUMMARY:  The Board acknowledges the CI’s information regarding the significant impairment with which his service-connected condition continues to burden him; but, must emphasize that the Disability Evaluation System has neither the role nor the authority to compensate members for anticipated future severity or potential complications of conditions resulting in medical separation.  That role and authority is granted by Congress to the Department of Veterans Affairs, operating under a different set of laws.

Diabetes Mellitus.  The CI presented to the emergency department on 27 September 2001 with reports of frequent thirst, fatigue, 40 pounds weight loss in 12 weeks and frequent urination.  The examiner documented a rule out Type I diabetes.  On 5 October 2001 the CI had a 1-day hospitalization for glucose stabilization and was placed on a sliding scale of insulin.  
Upon discharge he was evaluated by a nutritionist and was placed on the American Diabetes Association (ADA) diet.  The narrative summary examination dated 9 November 2001 noted that the CI diabetes was stabilizing on insulin.  The physical examination was normal and a diagnosis of Type I diabetes mellitus was rendered.  At the VA Compensation and Pension examination performed 99 months after separation, the CI denied visual, cardiac, neuropathic complications.  He endorsed that he tried to follow the ADA diet.  He denied activity restrictions for diabetic control.  The physical examination was normal except for slight flakiness and redness at the medial right foot.

The Board directs attention to its rating recommendation based on the above evidence.  The PEB adjudicated the diabetes mellitus condition as unfitting.  The PEB and VA rated the condition at 20% for requiring insulin and restricted diet.  There was no evidence of restriction of activities for a 40% disability rating.  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 diabetes mellitus 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.  In the matter of the diabetes mellitus condition and IAW VASRD §4.119, 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 20140426, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans’ Affairs Treatment Record

		
XXXXXXXXXXXXXXXXXX
President
DoD Physical Disability Board of Review

SAMR-RB									

MEMORANDUM FOR Commander, US Army Physical Disability Agency 
(AHRC-DO), 2900 Crystal Drive, Suite 300, Arlington, VA  22202-3557

SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation for XXXXXXXXXXXXXXXXXX, AR20150008223 (PD201401865)

I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR) recommendation and record of proceedings pertaining to the subject individual.  Under the authority of Title 10, United States Code, section 1554a,   I accept the Board’s recommendation and hereby deny the individual’s application.  
This decision is final.  The individual concerned, counsel (if any), and any Members of Congress who have shown interest in this application have been notified of this decision by mail.

 BY ORDER OF THE SECRETARY OF THE ARMY:

Encl						     XXXXXXXXXXXXXXXXXX
						     Deputy Assistant Secretary of the Army
						          (Review Boards)
						         
CF: 
(  ) DoD PDBR
(  ) DVA