RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW
NAME:  XXXXXXXXXXXXXXXXX	CASE: PD-2017-02779
BRANCH OF SERVICE: ARMY	SEPARATION DATE: 20050607

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

CI CONTENTION: “Discharged for heatstroke no rating for heatstroke.” 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 - 20050223	VARD - 20050805	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Heat Stroke, Resolved	7999-7900	0%	Residuals of Heat Stroke	7999-7900	0%	20050404	
COMBINED RATING: 0%	COMBINED RATING OF ALL VA CONDITIONS: 20%	

ANALYSIS SUMMARY:

Resolved Heat Stroke. According to the service treatment record and MEB narrative summary (NARSUM),  the CI  experienced heat  stroke in  July  2004 during  a 12-mile  road march.   The   1 February 2005 MEB NARSUM examination, 4 months prior to separation, noted no complaints and the physical examination was unremarkable. At the 4 April 2005 VA Compensation and Pension (C&P) examination, 2 months before separation, he reported intolerance of hot weather, but no further episodes of heat stroke; physical findings were normal.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the heat stroke 0%, analogously coded 7999-7900 (hyperthyroidism), citing the CI was

asymptomatic but had an increased risk for recurrence if exposed to high temperatures. The VA also rated the heat stroke 0%, analogously coded 7999-7900, based on the C&P examination, citing a disease that is cured or in remission. There was no evidence of intermittent symptoms for a 10% rating. After due deliberation, considering all 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 heat stroke.

BOARD FINDINGS: In the matter of the heat stroke and IAW VASRD §4.119, 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 20170329, w/atchs Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Record

	PD-2017-02779

AR20190012373, XXXXXXXXXXXXXXXXXXXXXXX 

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.

	PD-2017-02779