RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-00990
BRANCH OF SERVICE:  Navy 	SEPARATION DATE:  20050630

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E4, Aviation Machinist Mate, medically separated for “contact dermatitis, potassium dichromate and cobalt dichloride,” with a disability rating of 10%.

CI CONTENTION:  The CI made no specific contention.  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 – 20050104	VARD - 20050503	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Contact Dermatitis, Potassium Dichromate and Cobalt Dichloride	7806	10%	Contact Dermatitis	7806	10%	20050330	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  60%	

ANALYSIS SUMMARY:  

Contact Dermatitis, Potassium Dichromate and Cobalt Dichloride.  According to service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s contact dermatitis condition began in June 2004 after exposure to jet fuel.  The MEB forwarded contact dermatitis, potassium dichromate and cobalt dichloride and atopic dermatitis for PEB adjudication.  The MEB NARSUM examination on 8 October 2004, 9 months prior to separation, noted complaints of an itchy rash on his arms, legs and torso after exposure to jet fuel 4 months earlier that was only partially responsive to topical and systemic steroid treatments and removal from the work environment.  Physical examination showed a red, bumpy, scaly rash over the majority of the body with scratch marks and skin thickening indicating repeated scratching.  At the 30 March 2005 VA Compensation and Pension (C&P) evaluation (performed 3 months before separation) the CI reported a recurrent rash on his arms, wrists and back of his neck since being exposed to jet fuel 9 months earlier.  A skin examination was not performed at the VA C&P evaluation; however, in the assessment section the examiner notes, “…the rash on the right lower leg has persisted.  Although, rashes on the left leg and arms have cleared up when he was taken out of exposure to jet fuel.”  

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the contact dermatitis condition 10%, coded 7806 (dermatitis or eczema).  The VA also rated the contact dermatitis condition 10% coded 7806, based on the VA C&P examination 3 months before separation, citing evidence involving at least 5 percent but less than 20 percent of the entire body or systemic therapy as corticosteroids or other immunosuppressive drugs for a total duration of 6 weeks or more during the past 12 months.  The CI had a persistent rash with many exacerbations subsequent to occupational exposure to a fuel spill.  The information provided to the PEB was after removal from the work environment and lengthy treatment with both topical and systemic steroids.  The CI had a persistent rash with itching and demonstrated lichenification (skin thickening due to repeated trauma of scratching) with fresh scratching over more than 90% of the body.  The CI’s condition clearly met the standard of more than 40% of the entire body or more than 40% of exposed areas affected justifying a 60% rating.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability rating of 60% for the contact dermatitis condition, coded 7806.  

BOARD FINDINGS:  In the matter of the contact dermatitis condition, the Board unanimously or majority recommends a disability rating of 60%, coded 7806 IAW VASRD §4.118.  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; 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	
Contact Dermatitis	7806	60%	

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150608, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

MEMORANDUM FOR COMMANDER, NAVY PERSONNEL COMMAND	
	                          
Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS          

Ref:  (a) DoDI 6040.44
	(b) PDBR ltr dtd 25 Nov 16 ICO XXXXXXXXXXXXXXXXXX    
	(c) PDBR ltr dtd 19 Nov 16 ICO XXXXXXXXXXXXXXXXXX
	(d) PDBR ltr dtd 19 Nov 16 ICO XXXXXXXXXXXXXXXXXX
	(e) PDBR ltr dtd 17 Nov 16 ICO XXXXXXXXXXXXXXXXXX
	(f) PDBR ltr dtd 25 Nov 16 ICO XXXXXXXXXXXXXXXXXX
	(g) PDBR ltr dtd 19 Nov 16 ICO XXXXXXXXXXXXXXXXXX
	(h) PDBR ltr dtd 19 Nov 16 ICO XXXXXXXXXXXXXXXXXX
	(i) PDBR ltr dtd 17 Nov 16 ICO XXXXXXXXXXXXXXXXXX

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

2.  The official records of the following individuals are to be corrected to reflect the stated disposition:
     
     a. XXXXXXXXXXXXXXXXXX, former USN: Effective date of discharge, retroactive placement on the Temporary Disability Retired List with a 50 percent disability rating for six months, followed by a final disability rating of 10 percent. 

     b. XXXXXXXXXXXXXXXXXX, former USN: Retroactive placement on the Permanent Disability Retired List with a 40 percent disability rating (increased from 20 percent) effective date of discharge.  

     c. XXXXXXXXXXXXXXXXXX, former USN: Retroactive placement on the Permanent Disability Retired List with a 60 percent disability rating (increased from 10 percent) effective date of discharge.  

     d. XXXXXXXXXXXXXXXXXX, former USN: Retroactive placement on the Permanent Disability Retired List with a 30 percent disability rating (increased from 10 percent) effective date of discharge.  

     e. XXXXXXXXXXXXXXXXXX, former USN: Effective date of discharge, entitlement to disability severance pay with a 20 percent disability rating (increased from 10 percent).   

     f. XXXXXXXXXXXXXXXXXX, former USN: Effective date of discharge, entitlement to disability severance pay with a 20 percent disability rating (increased from 10 percent).  

     g. XXXXXXXXXXXXXXXXXX, former USN: Effective date of discharge, entitlement to disability severance pay with a 20 percent disability rating (increased from 0 percent).

     h. XXXXXXXXXXXXXXXXXX, former USN: Retroactive placement on the Permanent Disability Retired List with a 30 percent disability rating (increased from 10 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.