RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00334
BRANCH OF SERVICE:  Air force	SEPARATION DATE:  20090428

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty, E4, Airborne Cryptologic Language Analyst, medically separated for “chronic hepatitis C” with a disability rating of 10%.

CI CONTENTION:  The PEB rating was fair but the VA only rendered a 0% rating.  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 – 20090113	VARD - 20090513	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Chronic Hepatitis C	7345	10%	Chronic Hepatitis C Infection	7345	0%	20090326	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  0%	

ANALYSIS SUMMARY:

Hepatitis C.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI was initially diagnosed with hepatitis C in March 2007.  At the MEB NARSUM examination dated 15 October 2008, 7 months prior to separation, the CI denied any symptoms of nausea, vomiting, headache, abdominal pain, fatigue, fever, or chills.  Physical examination showed no acute distress, no yellow discoloration and weight 200 pounds.  Abdomen was soft, non-tender, no rebound or guarding, no splenomegaly (enlarged spleen), no hepatomegaly (enlarged liver), no mass or ascites (abnormal buildup of fluid in the abdomen).  Was not taking medication.  The examiner opined the CI was asymptomatic and the physical examination was negative for advanced liver disease, but the CI would require uninterrupted treatment for at least one year.
At the VA Compensation and Pension examination in March 2009, performed 1 month before separation, the CI reported no current hepatitis C complications, sequelae or treatment.  The physical examination documented the CI at 209 pounds without incapacitations.  The CI was diagnosed with chronic hepatitis C infection untreated without current complications.

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the hepatitis condition 10%, coded 7345 (chronic liver disease without cirrhosis).  The VA rated the hepatitis condition 0%, also coded 7345, based on the C&P examination 1 month before separation, citing an asymptomatic condition.

The panel considered a higher rating based on daily fatigue, malaise and anorexia, requiring dietary restriction or continuous medication or incapacitating episodes (fatigue, malaise, nausea, vomiting, anorexia, arthralgia, and right upper quadrant pain, from at least 2 to 4 weeks during the past 12-month period.  The panel agreed there was no evidence to support a higher rating.  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 hepatitis C condition.

BOARD FINDINGS:  In the matter of the chronic hepatitis C condition and IAW VASRD §4.114, 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 re-characterization of the CI’s disability and separation determination.

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150619, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

SAF/MRB
XXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXXXXX:

Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2015-00334.

After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation system processing was appropriate.  Accordingly, the Board recommended no re-characterization or modification of your separation.

I have carefully reviewed the evidence of record and the recommendation of the Board.  I concur with that finding and their conclusion that re-characterization of your separation is not warranted.  Accordingly, I accept their recommendation that your application be denied.

Sincerely,

XXXXXXXXXXXXXXXXXXXXX
Director
Air Force Review Boards Agency

Attachment:
Record of Proceedings