RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-02504
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20060917

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

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 - 20060629	VARD - 20100526	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Heatstroke	7999-7900	0%	Impaired Memory, Claimed as a Residual of Heatstroke	8099-8045	NSC	STR	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  N/A	

ANALYSIS SUMMARY:  

Heatstroke.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s heatstroke condition began in 01 July 2005, halfway through a 6 mile run.  Hospitalized for 2 days, he was diagnosed with heat stroke and acute renal (kidney) failure due to rhabdomyolysis.  The MEB forwarded heat stroke for PEB adjudication.  

The 28 February 2006 MEB NARSUM examination, 7 months prior to separation, noted the CI was “asymptomatic” in regards to acute symptoms related to his prior heat injury, but remained unable to participate in any vigorous activity or work in temperatures above 85 degrees for more than 15 minutes a day.  His general physical examination (PE) was “unremarkable.”  Tachycardia (fast heartbeat) was not present and the CI was not receiving any medications.  There was no VA examination in evidence proximate to separation.

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the heat-related condition 0%, coded 7999-7900, analogous to hyperthyroidism, citing the CI’s asymptomatic physical state.  The VA listed “impaired memory” as a residual of heatstroke and noted the condition as NSR (Not Service Connected).  There is not a specific VASRD code for such a heat-related injury; and, the PEB’s 7900 (thyroid) code is often analogized for such conditions.  Panel members considered that in the absence of abnormal functional residuals or significant impact on occupational and social activity, the heat‑related condition resolved without significant complications.  Panel members agreed that the analogized VASRD 7900 code most accurately depicted the CI’s prior condition.  The panel was unable to find any pathway to a higher rating than the PEB’s 0%.  Code 7900 at 10% criteria was not applicable in this case due to the absence of tachycardia or requirement for continuous medication.  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 heatstroke condition.

BOARD FINDINGS:  In the matter of the heatstroke condition and IAW VASRD §4.119, the panel unanimously recommends no change in the PEB’s 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 20151025, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

AR20170013270, XXXXXXXXXXXXXXXXXXX

XXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXXX:

	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,					      
						      					
Enclosure