RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2016-00249
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20060123

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E5, Cannon Crewmember, medically separated for “episodes of heat exhaustion,” with a disability rating of 0%.  

CI CONTENTION:  “Neurocognitive disorder, scars…”  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 - 20051220	VARD - 20081218	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Heat Exhaustion	7999-7900	0%	Heat Exhaustion	8999-8911	NSC	STR	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  NSC	

Heat Exhaustion.  According to the service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s first documented episode of heat exhaustion was in August 2003 while deployed to Iraq.  He received treatment and was returned to his unit.  Additional episodes occurred in June and August 2005 during field training.  Evaluation for cardiac etiology was negative.  

The 16 November 2005 MEB NARSUM examination, 2 months prior to separation, noted complaints of shortness of breath, nausea with vomiting, dizziness, fainting and memory loss with light work or while wearing field gear when temperature was greater than 90 degrees Fahrenheit.  He was assigned to a rear detachment, and he was not currently working in his MOS.  He was not taking any medication and his condition was stable.  The physical examination was within normal limits, including respiration, blood pressure and pulse.  Lab studies were unremarkable.  

The VA did not conduct a Compensation and Pension (C&P) evaluation.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the heat exhaustion condition 0%, coded 7999-7900 (analogous to hyperthyroidism), citing no residual tachycardia or end organ damage.  The VA did not service connect heat exhaustion, coded 8999-8911 (epilepsy, petit mal), citing no permanent residual of chronic disability.  The panel considered a higher rating of 10% under code 7900.  A 10% rating would require evidence of intermittent tachycardia and tremor or; continuous medication required for control.  None of these findings were in evidence at the time of separation.  The VA used Service Treatment Records to assess the condition.  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 heat exhaustion condition.  

BOARD FINDINGS:  
In the matter of the heat exhaustion condition and IAW VASRD §4.119, the panel unanimously recommends no change in the PEB adjudication.  There were no other conditions within the panel’s scope of review for consideration.  The panel, 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 20150703, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

	
AR20170015183 , 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,					      
						      					
Enclosure