RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX		CASE:  PD-2014-03634
BRANCH OF SERVICE:  Army	SEPARATION DATE:  20040307

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E-5, Chemical, Biological, Radiological and Nuclear Specialist, medically separated for “reactive airway disease…” and “allergic rhinitis…,”  rated 10% and 0%, respectively, with a combined disability rating of 10%.  

CI CONTENTION:  The CI requested consideration of all conditions.  The CI’s complete submission is at Exhibit A

SCOPE OF REVIEW:  The Board’s scope of review is defined in DoDI 6040.44.  It is limited to those conditions determined by the Physical Evaluation Board (PEB) to be unfitting for continued military service and when specifically requested by the CI, those conditions identified by the PEB, but determined to be not unfitting.  Any conditions outside the Board’s defined scope of review and any contention not requested in this application may remain eligible for future consideration by the Board for Correction of Military Records.  Furthermore, the Board’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The Board’s assessment of the PEB rating determinations is based on 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 Board has neither the role nor the authority to compensate for post-separation progression or complications of service-connected conditions.  That role and authority is granted by Congress to the Department of Veterans Affairs, operating under a different set of laws.  The Board gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of the disability at the time of separation.  

RATING COMPARISON:  

SERVICE PEB –20040219	VARD - 20040402	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Reactive Airway Disease…	6602	10%	Reactive Airway Disease	6602	10%	20040224	
Allergic Rhinitis   	6522	0%	Allergic Rhinitis	6522	0%		
Atopic Dermatitis	Not Unfitting	Atopic Dermatitis	7806	0%		
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Reactive Airway Disease.  The record showed that the CI began an allergy work-up in the spring of 2002 after developing symptoms while in the field.  He also reported chest tightness and an evaluation for asthma was also initiated.  Pulmonary function testing (PFT) was normal on 5 August 2002 as was a chest X-ray.  An emergency room note dated 28 August 2002, for wheezing, recorded that the CI had a history of asthma “when younger.”  Over the course of the next year he was treated with multiple medications with some benefit.  A provocative test for asthma (methacholine challenge test) was accomplished 1 October 2003 and was negative for asthma.  PFTs done the same day were normal.  The Medical Evaluation Board (MEB) narrative summary (NARSUM) was dated 9 January 2004, 2 months prior to separation.  The CI reported aggravation of his symptoms when around mouse droppings and the intermittent use of a bronchodilator.  On examination, his lungs were clear and respiratory rate normal.  

At the VA Compensation and Pension (C&P) examination performed on 24 February 2004, 2 weeks before separation, the CI reported the intermittent use of a bronchodilator.  He denied a functional impairment from the asthma condition.  On examination, he was noted to be in no distress and his lungs were clear.  

Pulmonary Exam	Clinic ~5 Mo. Pre-Sep	Clinic ~4 Mo. Pre-Sep	VA C&P ~1 Mo. Post-Sep	
FEV1 (% Predicted)	89%	96%	94%	
FEV1/FVC	109	83	87	
Meds	Not recorded	Not recorded	Not recorded	
§4.97 Rating	0%	0%	0%	

The Board directed its attention to its rating recommendation based on the above evidence.  The PEB and VA both rated the asthma condition at 10%, coded 6602 (asthma).  The intermittent use of a bronchodilator supports a 10% rating.  The criteria for a higher 30% rating were not met.  After due deliberation in consideration of the preponderance of the evidence, the Board concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the asthma condition.  

Allergic Rhinitis.  The CI was also found to have allergic rhinitis as an unfitting condition.  On testing, he was found to be sensitive to multiple grasses, foods, and animals.  He was treated with avoidance and medications.  At the NARSUM, he was found to have allergic shiners (darkening of the skin below the eyes), but nasal pathology was not documented.  The VA C&P also noted the use of medications, but no functional impairment from the condition.  His nose was again free from pathology.  

The Board directed its attention to its rating recommendation based on the above evidence.  The PEB and VA both rated the allergic rhinitis condition 0%, coded 6522 (allergic rhinitis).  Absent polyps or nasal obstruction, there is no route to a higher rating.  After due deliberation in consideration of the preponderance of the evidence, the Board concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the allergic rhinitis condition.  

Contended PEB Conditions:  Atopic Dermatitis.  The Board’s main charge is to assess the fairness of the PEB’s determination that the atopic dermatitis condition was not unfitting.  The contended condition was not profiled or implicated in the commander’s statement or judged to fail retention standards.  There was no performance-based evidence from the record that the condition significantly interfered with satisfactory duty performance at separation.  After due deliberation, the Board concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the contended condition and so no additional disability rating is recommended.  

BOARD FINDINGS:  In the matter of the reactive airway disease condition and IAW VASRD §4.100, the Board unanimously recommends no change in the PEB adjudication.  In the matter of the allergic rhinitis condition and IAW VASRD §4.97, the Board unanimously recommends no change in the PEB adjudication.  In the matter of the contended atopic dermatitis conditions, the Board unanimously recommends no change from the PEB determination as not unfitting.  There were no other conditions within the Board’s scope of review for consideration.  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 20140721, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

SAMR-RB

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

JUL 2 7 2016

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for, AR20160011582 (PD201403634)

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.

Enclosure
CF:
( ) DoD PDBR
( ) DVA