RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00264
BRANCH OF SERVICE:  Army	SEPARATION DATE:  20070226

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was a National Guard E3, Infantryman, medically separated for “rhabdomyolysis, resolved…” with a disability rating of 0%.  

CI CONTENTION:  The CI contends his rating did not adequately represent his level of disability, and that other conditions, such as kidney, liver, and gastritis, should have been considered.  The complete submission is at Exhibit A.  

SCOPE OF REVIEW:  The panel’s scope of review is defined in DoDI 6040.44.  It is limited to review of disability ratings assigned 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 or non-compensable.  Any conditions outside the panel’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 panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The panel’s assessment of the PEB rating determination 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(s) at the time of separation.  The panel 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 panel 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 - 20070130	VARD - 20070807	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Rhabdomyolysis…	7999-7900	0%	Rhabdomyolysis….	5099-5025	20%	20070709	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  40%	

ANALYSIS SUMMARY:  

Rhabdomyolysis, Resolved.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s rhabdomyolysis (a breakdown of muscle tissue, which releases a protein into the bloodstream that is damaging to the kidneys) began in September 2006 after heavy exercise.  

During the 10 October 2006 MEB examination (recorded on DD Forms 2807-1 and 2808) 4 months prior to separation, the CI reported acute renal failure and high blood pressure.  The examiner annotated acute renal failure and rhabdomyolysis, resolved, and hypertension.  The CI was noted to not taking any medications.  

The 16 November 2006 MEB NARSUM examination, 3 months prior to separation, noted complaints of rhabdomyolysis with renal failure during basic training.  The physical examination showed normal findings.  Clinical laboratory studies reported as normal values for all indices.  

At the 9 July 2007 VA Compensation and Pension (C&P) evaluation, 4 months after separation, the CI reported that “he was working out with weights and came down with Rhabdomyolysis.”  The CI also stated that his condition had “improved.”  The CI admitted to no current treatment. The examiner noted that the effects of rhabdomyolysis on the CI’s ability to perform occupational activities were decreased mobility, problems with lifting and carrying, lack of stamina, weakness or fatigue and pain.  The physical examination was within normal limits.  Additionally, the clinical laboratory results were within normal values.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the rhabdomyolysis 0%, coded 7999-7900 (analogous to hyperthyroidism), citing resolution of the condition.  The VA rated rhabdomyolysis 20%, coded analogously to 5025 (fibromyalgia), based on the C&P examination 4 months after separation.  The panel noted resolution of the rhabdomyolysis condition and that the CI remained asymptomatic prior to separation.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded that there was insufficient cause to recommend a change in the PEB adjudication for the rhabdomyolysis condition.  

BOARD FINDINGS:  In the matter of the rhabdomyolysis condition and IAW VASRD §4.71a, the panel unanimously recommends no change in the PEB adjudication.  There were no other conditions within the panel’s scope of review for consideration.  The panel, therefore, recommends that there be no modification or re-characterization of the CI’s disability and separation determination.  

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20140209, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

AR20170008467, XXXXXXXXXXXXXXXXXX. 

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Dear XXXXXXXXXXXXXXXXXX:

	The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found your separation disability rating and your separation from the Army for disability with severance pay to be accurate.  I have reviewed the Board’s recommendation and record of proceedings (copy enclosed), and I accept its recommendation.  I regret to inform you that your application to the DoD PDBR is denied.  

	This decision is final.  Recourse within the Department of Defense or the Department of the Army is exhausted; however, you have the option to seek relief by filing suit in a court of appropriate jurisdiction.

Sincerely,