RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00672
BRANCH OF SERVICE:  Navy 	SEPARATION DATE:  20090529

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E4, Culinary Specialist, medically separated for “anaphylaxis, adverse food reaction to fish,” with a disability rating of 0%.

CI CONTENTION:  The CI’s condition continues to worsen and negatively impacts daily activities.  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 - 20090310	VARD - 20090911	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Anaphylaxis, Adverse Food Reaction to Fish	7118	0%	Anaphylaxis	6699-6600	NSC	STR	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  %	

ANALYSIS SUMMARY:  

Anaphylaxis, Adverse Food Reaction to Fish.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s anaphylaxis condition began in 2006 after handling fish and cooking fish.  The CI’s first case of anaphylaxis due to inhalation exposure to fish occurred on 7 December 2007.  There was no documentation of laryngeal involvement. He was found on subsequent allergy testing to be sensitive to cod, salmon and tuna.  He was given epinephrine auto injectors.  He was taken out of his cooking specialty and the only treatment for the anaphylactic reaction to fish was to avoid exposure to fish.  The CI was expected to do well as long as he avoided exposure to fish.  The MEB forwarded anaphylactic shock due to fish for PEB adjudication.  The MEB NARSUM examination on 13 January 2009, 5 months prior to separation, noted complaints of anaphylaxis to fish with a severe reaction through contact or inhalation exposure.  Physical examination was normal with no active skin lesions or angioedema.  The CI failed to report to a scheduled VA Compensation and Pension (C&P) evaluation on 25 August 2009; therefore, the VA denied service connection.  

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the anaphylaxis condition 0%, coded 7118 (angioneurotic edema).  Under VASRD code 7118 for a minimum rating of 10% there must be attacks without laryngeal involvement lasting 1 to 7 days and occurring 2 to 4 times a year.  Given he only had symptoms when exposed to fish and there were no specific episodes of anaphylaxis in the STR following his placement on limited duty and away from exposure to fish in March of 2008, the minimum requirement for 10% rating was not met.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board concluded that there was insufficient cause to recommend a change in the PEB adjudication for the anaphylaxis condition.  

BOARD FINDINGS:  In the matter of the anaphylaxis condition and IAW VASRD §4.71a, the Board unanimously recommends no change in the PEB adjudication.  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 20150602, w/attachments
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL OF REVIEW
               BOARDS 

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
 
Ref:   (a) DoDI 6040.44
       (b) CORB ltr dtd 14 Nov 16

      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for the reasons provided in their forwarding memorandums, approve the recommendations of the PDBR that the following individual’s records not be corrected to reflect a change in either characterization of separation or in the disability rating previously assigned by the Department of the Navy’s Physical Evaluation Board:

		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXXXXXXXX, former USN

						  XXXXXXXXXXXXXXXXXXXXX
	     				  Assistant General Counsel
						  (Manpower & Reserve Affairs)