RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01029
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20090401

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an Air National Guard E3, Light Wheel Vehicle Mechanic, medically separated for “ulcerative colitis,” with a disability rating of 10%.

CI CONTENTION:  The CI made no specific contention in the application.  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 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 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 – 20070103	No VA Rating Decision in evidence	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Ulcerative Colitis	7323	10%		
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS: NA	

ANALYSIS SUMMARY:  

Ulcerative Colitis.  According to available service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s ulcerative colitis condition began in August 2005 when he experienced abdominal pain and diarrhea.  He presented for evaluation in the gastroenterology clinic on 21 October 2005 and underwent a colonoscopy 3 days later.  It confirmed the clinical diagnosis of ulcerative colitis.  The CI was admitted for stabilization on steroids and then his medications were changed to Asacol, a salicylate based medication.  He had been given 6-MP, an immune-suppressant.  On the DD 2808 physical examination dated 26 June 2006, the CI had diffuse lower abdominal tenderness, but without rebound tenderness.  At the time of the NARSUM, his weight was stable at 140 pounds.  
He had no extra-intestinal signs of ulcerative colitis on examination.  He denied abdominal pain or fever and reported one well-formed non-bloody bowel movement every other day.  His only medication was Asacol.  The MEB forwarded “ulcerative colitis” for PEB adjudication.  

The Board directed attention to its rating recommendation based on the above evidence.  The PEB rated the ulcerative colitis condition 10%, coded 7323 (colitis, ulcerative), for moderate disease with infrequent exacerbations.  The Board observed that the CI was essentially asymptomatic on medications at the time of NARSUM and a rating higher than the 10% adjudicated by the PEB is not supported by the evidence available for review.  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 ulcerative colitis condition.  

BOARD FINDINGS:  In the matter of the ulcerative colitis condition and IAW VASRD §4.114, 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 20150609, with attachments
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

SAMR-RB						

MEMORANDUM FOR Commander, US Army Physical Disability Agency 
(AHRC-DO), 2900 Crystal Drive, Suite 300, Arlington, VA  22202-3557

08 MAR 2017

SUBJECT:  Department of Defense Physical Disability Board of Review Recommendation for 
XXXXXXXXXXXXXXXXXX, AR20170001070 (PD201501029)

I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR) recommendation and record of proceedings pertaining to the subject individual.  Under the authority of Title 10, United States Code, section 1554a, I accept the Board’s recommendation and hereby deny the individual’s application. This decision is final. The individual concerned, counsel (if any), and any Members of Congress who have shown interest in this application have been notified of this decision by mail.

 BY ORDER OF THE SECRETARY OF THE ARMY:

Enclosure

CF: 
(  ) DoD PDBR
(  ) DVA