RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXXX	CASE: PD-2015-01173
BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20071217

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E3, Military Intelligence Systems Maintainer/Integrator, medically separated for “irritable bowel syndrome [IBS]” with a disability rating of 10%.

CI CONTENTION: The CI made no specific contention. The complete submission is Exhibit A.

SCOPE OF REVIEW: The panel’s scope of review is defined in DoDI 6040.44. It is limited to review of disability ratings assigned 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 or non-compensable. Any conditions outside the panel’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 panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate. The panel’s assessment of the PEB rating determination 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(s) at the time of separation. The panel 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 panel 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 - 20071115		VARD – NA	
Condition	Code	Rating		Condition	Code	Rating	Exam	
IBS	7319	10%		No VA Exam in Evidence	
COMBINED RATING: 10%		COMBINED RATING OF ALL VA CONDITIONS: NA	

ANALYSIS SUMMARY:

IBS. According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s gastrointestinal condition began in January 2007 with the onset of abdominal pain. Radiologic imaging as well as endoscopic procedures revealed a tiny hiatal hernia and gastro-esophageal reflux disorder (GERD). Despite various trials of medication, the CI continued to have global abdominal pain and fleeting episodes of frequent diarrhea. The CI’s condition could not be adequately rehabilitated to meet the physical requirements of his military specialty and he was referred for an MEB. The MEB forwarded IBS for PEB adjudication.

At the 18 September 2007 MEB NARSUM examination, 3 months prior to separation, the CI’s chief complaint was “chronic abdominal pain.” His physical examination revealed global abdominal tenderness without guarding or rebound pain. Invasive testing did not reveal any presence of intestinal mass or ulcerative lesion. The provider’s final diagnosis remained as IBS and GERD. There was no VA Compensation and Pension examination proximate to separation in evidence.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the CI’s unfitting condition at 10% coded 7319 (irritable colon syndrome), citing painful symptoms and extensive restrictions which prohibit soldier duties. The panel first agreed that the PEB’s chosen VASRD code of 7319 was most appropriate for the subjective and clinical findings in this case. Members also agreed that the next highest rating of 30% (severe symptoms) above the PEB’s current 10% was not supported and therefore, after due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded that there was insufficient cause to recommend a change in the PEB’s adjudication for the IBS condition.

BOARD FINDINGS: In the matter of the IBS condition and  IAW VASRD §4.114, the panel unanimously recommends no change in the PEB adjudication. There are no other conditions within the panel’s scope of review for consideration. The panel, therefore, recommends that there be no modification or re-characterization of the CI’s disability and separation determination.

The following documentary evidence was considered:

Exhibit A. DD Form 294, dated 20150608, w/atchs Exhibit B. Service Treatment Record

AR20170012853, XXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXX

	The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found your separation disability rating and your separation from the Army for disability with severance pay to be accurate.  I have reviewed the Board’s recommendation and record of proceedings (copy enclosed), and I accept its recommendation.  I regret to inform you that your application to the DoD PDBR is denied.  

	This decision is final.  Recourse within the Department of Defense or the Department of the Army is exhausted; however, you have the option to seek relief by filing suit in a court of appropriate jurisdiction.

Sincerely,	

2	PD-2015-01173