RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01987
BRANCH OF SERVICE:  army 	SEPARATION DATE:  20090721

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty, E4, Human Intelligence Collector, medically separated for “bronchopneumonia” with a disability rating of 0%.  

CI CONTENTION:  The CI made no specific contention.  The complete submission is at 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 - 20090622	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Bronchopneumonia
	6699- 6600	0%	No VA Exam in Evidence	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS: NA	

ANALYSIS SUMMARY:  

Bronchopneumonia.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s bronchopneumonia condition began during in-processing for basic training when he developed a cough with constant fatigue and anorexia.  The CI was admitted to a local hospital for 10 days, and spent part of that time intubated in respiratory failure.  After completing a course of antibiotics he was discharged on 3 weeks of convalescent leave.  At the end of his convalescent leave he developed symptoms of pneumonia again and was treated with a second course of antibiotics.  On 16 March 2009 the CI was treated with a third course of antibiotics.  After finishing his third course of antibiotics and an adequate time to recuperate, the CI was still experiencing cough with shortness of breath.   A chest X-ray performed 21 April 2009, 3 months prior to separation, was normal.  
The 5 May 2009 MEB NARSUM examination, 2 months prior to separation, noted complaints of trouble with heavy physical demands, and concerns that he would continue to have recurrent pneumonia with a possible underlying respiratory condition.  Prescribed medications included; Albuterol inhaler and Tylenol, but he did not need to use the inhaler.  Physical examination showed no abnormal use of respiratory muscles and there were crackles heard at the bottoms of both lungs, right more than left.  Pulmonary function testing showed normal spirometry, with an FEV1 of 95% predicted, and FEV1/FVC of 102% predicted.  The CI did not give consent to release his VA records.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the bronchopneumonia condition 0%, coded analogously to 6600 (bronchitis, chronic), citing normal pulmonary function test results.  There was no evidence of bronchiectasis to rate using VASRD code 6601.  The spirometry results in evidence did not show a FEV1 of less than 80% of predicted or FEV1/FVC of less than 80% of predicted to justify a 10% rating using code 6600.  There was no evidence of a mycotic (fungal) lung infection, pulmonary tuberculosis, or a chronic lung abscess to justify rating under the respective codes.  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 adjudication for the bronchopneumonia condition.  

BOARD FINDINGS:  In the matter of the bronchopneumonia condition, 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 20150715, w/atchs
Exhibit B.  Service Treatment Record

AR20170010021, 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,