RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2017-00433
BRANCH OF SERVICE:  army 	SEPARATION DATE:  20051205

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E6, Supply Specialist, medically separated from the Temporary Disability Retired List (TDRL) for “rheumatoid arthritis” with a disability rating of 20%.   

CI CONTENTION:  “I have rheumatoid arthritis, have trouble using my hands, walking, standing bending-unable to function.”  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 Medical Evaluation Board (MEB), but determined by the PEB 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.  The panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections when appropriate.  The panel’s assessment of the PEB rating determination is based on review of medical records and all available evidence relevant to application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards for 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, which operates 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 disability at the time of separation.  

RATING COMPARISON:  

SERVICE PEB - 20051028	VARD – NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Rheumatoid Arthritis	5002	20%	There was no VA Examination Proximate to Separation in Evidence	
COMBINED RATING:  20%	COMBINED RATING OF ALL VA CONDITIONS:  NA	

ANALYSIS SUMMARY:  

Rheumatoid Arthritis.  According to the service treatment record and MEB narrative summaries (NARSUMs), the CI developed joint pain in 1998 and was diagnosed with rheumatoid arthritis in April 2000.  Despite treatment, he was unable to meet full duty requirements and was placed on the TDRL on 8 January 2001.  He was continued on TDRL at reconsideration in February 2002 and November 2003.  The 6 September 2005 TDRL MEB NARSUM examination, 3 months prior to TDRL removal, noted complaints of occasional arthralgia in the hands, wrists and ankles, but no problems in the shoulders, hips or knees.  There were no complaints of soft tissue swelling or systemic symptoms.  His last flare and use of prednisone was 6 months prior.  Incapacitation was not recorded.  He was taking Enbrel (an immune suppressant) twice a week with good control.  The physical examination was unremarkable.  Specifically there was no conjunctivitis or signs of joint inflammation.  He did have mild stiffness in the hands and pain with movement.  Laboratory findings were unremarkable.  X-rays showed some erosions of one toe joint bilaterally.  Notes from the treating rheumatologist noted no significant new findings and a stable disease.  There was no VA examination proximate to separation in evidence.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the rheumatoid arthritis 20%, coded 5002 (arthritis rheumatoid), citing good control of symptoms with minimal residual limitations.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded there was insufficient cause to recommend a change in the PEB adjudication for the rheumatoid arthritis.  

BOARD FINDINGS:  In the matter of the rheumatoid arthritis and IAW VASRD §4.71a, the panel recommends no change in the PEB adjudication.  There are no other conditions within the panel’s scope of review for consideration.  Therefore, the panel recommends 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 20170214, w/atchs
Exhibit B.  Service Treatment Record

AR20180004056, 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.