RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00393
BRANCH OF SERVICE:  Air Force 	SEPARATION DATE:  20020308

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E4, Security Forces Journeyman, medically separated for “asthma,” with a disability rating of 10%.  

CI CONTENTION:  The CI requests the Board consider 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 upon a 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 - 20011126	VARD - 20050721	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Asthma	6602	10%	Asthma	6602	0%	STR	
Seasonal Allergic Rhinitis	Category II	Seasonal Allergic Rhinitis	6522	NSC	STR	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  0%	

ANALYSIS SUMMARY:  

Asthma.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI was evaluated in May 2001 for intermittent respiratory symptoms and chest tightness.  His symptoms improved with an inhaler (bronchodilator).  Subsequent pulmonary function testing (PFT) was consistent with the diagnosis of asthma.  An inhaled steroid was later added to his medical treatment.  Although the asthma condition did not impair his duties, it did not meet retention standards and the CI was referred for an MEB.  The MEB forwarded “asthma” for PEB adjudication.  The MEB NARSUM examination (undated but o/a 1 November 2001) noted the use of Serevent (a bronchodilator) and Flovent (a steroid anti-inflammatory inhaler).  His examination was unremarkable and he was diagnosed with well-controlled, mild, persistent asthma.  The final clinical note in the record shows that the CI was using both medications when seen on 3 December 2001.  The CI failed to present for his scheduled VA Compensation and Pension (C&P) evaluation.  

Pulmonary Function Tests	PFT ~6 Mo. Pre-Sep	PFT~ 5 Mo. Pre-Sep	
FEV1 (% Predicted)	69.5	99	
FEV1/FVC	77.3	87	
Meds	Albuterol as needed	Post bronchodilator values.  Flovent added.	
§4.97 Rating	30%	30%	

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the asthma condition 10%, coded 6602 (asthma bronchial), citing DoD and VASRD guidelines.  The VA rated the asthma condition 0%, also coded 6602, as the CI did not report for his examination.  A 30% rating is supported by the initial PFTs and the use of an anti-inflammatory inhaler.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board majority recommends a disability rating of 30% for the asthma condition, coded 6602.  

Contended PEB Conditions:  Seasonal Allergic Rhinitis.  The Board’s main charge is to assess the fairness of the PEB’s determination that the contended condition was not unfitting (Category II).  The contended condition was not profiled or implicated in the commander’s statement.  It was not judged to fail retention standards; in fact, the MEB was silent for this condition as was the NARSUM.  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 asthma condition, the Board majority recommends a disability rating of 30%, coded 6602 IAW VASRD §4.97.  There were no other conditions within the Board’s scope of review for consideration.  The single voter for dissent submitted the appended minority opinion.  In the matter of the contended seasonal allergic rhinitis condition, the Board unanimously recommends no change from the PEB determination as not unfitting.  

The Board recommends that the CI’s prior determination be modified as follows; and, that the discharge with severance pay be re-characterized to reflect permanent disability retirement, effective as of the date of the prior medical separation:  

CONDITION	VASRD CODE	PERMANENT RATING	
Asthma	6602	30%	

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150530, with attachments
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

Minority Opinion.

The single voter for dissent strongly recommends no recharacterization of the CI’s permanent disability rating.  Both the PEB and the VA were aware that the CI was prescribed an anti-inflammatory inhaler and applied the same VASRD standards to arrive at their respective ratings.  There is no compelling evidence indicating the PEB incorrectly adjudicated their rating at the time of separation.  There is likewise no service treatment evidence to support an increase above the 10% adjudicated by the PEB and the 0% awarded by the VA approximately 3 ½ years later.  

SAF/MR
XXXXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXXXXX:

Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2015-00393.

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 not appropriate under the guidelines of the Veterans Affairs Schedule for Rating Disabilities.  Accordingly, the Board recommended your separation be re-characterized to reflect disability retirement, rather than separation with severance pay.

I have carefully reviewed the evidence of record and the recommendation of the Board.    I concur with that finding, accept their recommendation and determined that your records should be corrected accordingly.  The office responsible for making the correction will inform you when your records have been changed.

As a result of the aforementioned correction, you are entitled by law to elect coverage under the Survivor Benefit Plan (SBP).  Upon receipt of this letter, you must contact the Air Force Personnel Center at (210) 565-2273 to make arrangements to obtain an SBP briefing prior to rendering an election.  If a valid election is not received within 30 days from the date of this letter, you will not be enrolled in the SBP program unless at the time of your separation, you were married or had an eligible dependent child, in such a case, failure to render an election will result in automatic enrollment.

Sincerely,

XXXXXXXXXXXXXXXXXXXXX
Principal Deputy Assistant Secretary 
(Manpower and Reserve Affairs)

Attachment:
Record of Proceedings 

cc:
SAF/MRBR