RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00450
BRANCH OF SERVICE:  Marine Corps 	SEPARATION DATE:  20080118

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E6, Motor Transport Operations Chief, medically separated for “Retinitis Pigmentosa (sector variant)” with a disability rating of 0%.  

CI CONTENTION:  “I feel that this disability should have rendered a military retirement.” 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 - 20071129	VARD - 20080701	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Retinitis Pigmentosa	6006	0%	Retinitis Pigmentosa	6080	20%	20080701	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  20%	

ANALYSIS SUMMARY:  

Retinitis Pigmentosa.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI had difficulties with night vision beginning in October 2006.  Exam showed “bone spicule” pigmentary changes inferiorly in both eyes, with far peripheral visual field defects (by automated Humphrey visual field testing – 29 November 2006, 14 months prior to separation).  Electrophysiology studies of the retina were markedly abnormal.  The CI was diagnosed with a sector variant of Retinitis Pigmentosa.  The MEB forwarded “pigmentary retinal dystrophy” for PEB adjudication.  

The MEB NARSUM examination on 29 October 2007, 3 months prior to separation, noted complaints of severe difficulty with performing functions in a scotopic (night) environment.  
Physical examination showed normal visual acuity in the right eye (20/20) and 20/25 in the left eye.  Pressures and corneal exams were normal.  Fundus exam revealed symmetrical bone spicule formation in the inferior quadrants of both eyes with vessel attenuation.  

At the 17 March 2008 VA Compensation and Pension (C&P) evaluation, performed 2 months after separation, the CI reported development of decreased night vision in October 2006 with a diagnosis of Retinitis Pigmentosa.  The CI could not drive at night and had occasional eye burning, fatigue and slightly blurry vision.  Physical exam showed normal near and distant visual acuity without correction.  There was no double vision, keratoconus, abnormal eye pressure of inflammatory signs.  The CI had bilateral black spots in the peripheral retina in the shape of branching cells (spicules); more concentrated in the inferior retina.  Visual field perimeter studies showed left eye average contraction to 57 degrees and right eye average concentric contraction to 56 degrees.  

The Board directed attention to its rating recommendation based on the above evidence.  In accordance with DoDI 6040.44, the Board is required to recommend a rating IAW the VASRD in effect at the time of separation.  The Board noted that the 2007 Veteran Administration Schedule for Rating Disabilities (VASRD) standards for the organs of special sense, which were in effect at the time of separation, were changed to the current rating standards effective 10 December 2008, after the CI’s date of separation.  The Board must therefore correlate the above clinical data with the 2007 rating schedule.  

The PEB rated the Retinitis Pigmentosa condition 0%, coded 6006 (Retinitis), citing (in the PEB worksheet – JDETS) decreased ability to function at night and visual field loss.  The VA rated the Retinitis Pigmentosa condition 20% coded 6080 (Visual field impairment), citing average visual field contraction of the left eye to 57 degrees and the right eye to 56 degrees (20% bilateral criterion is “to 60° but not to 45°).  

The Board considered that the VA examination had the highest probative value for rating as being closer to the date of separation.  The STR visual fields were less constricted, but were over 1 year prior to separation and in the presence of increasing symptoms.  The VA examination documented bilateral average visual field constriction worse than 60 degrees, but better than 45 degrees, warranting a 20% rating.  There was no additional compensable visual acuity loss or diplopia for any higher rating.  

After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability rating of 20% for the Retinitis Pigmentosa condition, coded 6080.  

BOARD FINDINGS:  In the matter of the Retinitis Pigmentosa condition, the Board unanimously recommends a disability rating of 20%, coded 6080 IAW VASRD §4.84a.  There were no other conditions within the Board’s scope of review for consideration.  

The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of the prior medical separation:  

CONDITION	VASRD CODE	PERMANENT RATING	
Retinitis Pigmentosa	6080	20%	

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150602, with attachments
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

	

MEMORANDUM FOR COMMANDER, NAVY PERSONNEL COMMAND
	         DEPUTY COMMANDANT, MANPOWER & RESERVE AFFAIRS	
	                          
Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS          

Ref:  (a) DoDI 6040.44
	(b) PDBR ltr dtd 03 Nov 16 ICO XXXXXXXXXXXXXXXXXX    
	(c) PDBR ltr dtd 21 Oct 16 ICO XXXXXXXXXXXXXXXXXX
	(d) PDBR ltr dtd 24 Oct 16 ICO XXXXXXXXXXXXXXXXXX
	(e) PDBR ltr dtd 28 Oct 16 ICO XXXXXXXXXXXXXXXXXX
	(f) PDBR ltr dtd 21 Oct 16 ICO XXXXXXXXXXXXXXXXXX
	(g) PDBR ltr dtd 03 Nov 16 ICO XXXXXXXXXXXXXXXXXX
	(h) PDBR ltr dtd 28 Oct 16 ICO XXXXXXXXXXXXXXXXXX
	(i) PDBR ltr dtd 28 Oct 16 ICO XXXXXXXXXXXXXXXXXX
	(j) PDBR ltr dtd 28 Oct 16 ICO XXXXXXXXXXXXXXXXXX
	(k) PDBR ltr dtd 28 Oct 16 ICO XXXXXXXXXXXXXXXXXX
	(l) PDBR ltr dtd 03 Nov 16 ICO XXXXXXXXXXXXXXXXXX

1.  Pursuant to reference (a), the recommendations of the Physical Disability Board of Review set forth in references (b) through (l) are approved.

2.  The official records of the following individuals are to be corrected to reflect the stated disposition:

     a. XXXXXXXXXXXXXXXXXX, former USN: Entitlement to disability separation pay with a 20 percent disability rating (increased from 0 percent) effective date of discharge. 

     b. XXXXXXXXXXXXXXXXXX, former USMC: Entitlement to disability separation pay with a 20 percent disability rating (increased from 0 percent) effective date of discharge. 

     c. XXXXXXXXXXXXXXXXXX, former USMC: Entitlement to disability separation pay with a 20 percent disability rating (increased from 10 percent) effective date of discharge. 

     d. XXXXXXXXXXXXXXXXXX, former USN: Entitlement to disability separation pay with a 10 percent disability rating (increased from 0 percent) effective date of discharge. 

     e. XXXXXXXXXXXXXXXXXX, former USN: Entitlement to disability separation pay with a 20 percent disability rating (increased from 10 percent) effective date of discharge. 

     f. XXXXXXXXXXXXXXXXXX, former USN: Entitlement to disability separation pay with a 10 percent disability rating (increased from 0 percent) effective date of discharge. 

     g. XXXXXXXXXXXXXXXXXX, former USMC: Entitlement to disability separation pay with a 20 percent disability rating (increased from 10 percent) effective date of discharge. 

     h. XXXXXXXXXXXXXXXXXX, former USN: Entitlement to disability separation pay with a 20 percent disability rating (increased from 10 percent) effective date of discharge. 

     i. XXXXXXXXXXXXXXXXXX, former USMC: Entitlement to disability separation pay with a 20 percent disability rating (increased from 10 percent) effective date of discharge. 

     j. XXXXXXXXXXXXXXXXXX, former USMC: Entitlement to disability separation pay with a 10 percent disability rating (increased from 0 percent) effective date of discharge.

     k. XXXXXXXXXXXXXXXXXX, former USN: Entitlement to disability separation pay with a 10 percent disability rating (increased from 0 percent) effective date of discharge.   

3.  Please ensure all necessary actions are taken to implement these decisions, including the recoupment of disability severance pay, if warranted, and notification to the subject members once those actions are complete.

	XXXXXXXXXXXXXXXXXX
	Assistant General Counsel
						   (Manpower & Reserve Affairs)