RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXXXXXXXXXXX		CASE: PD-2017-03935 BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE: 20060415

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E2, Rifleman, medically separated for “heat stroke” with a disability rating of 0%.

CI CONTENTION:  Review asthma condition.  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 - 20060202	VARD - 20070521	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Heat Stroke	7999-7900	0%	Residuals of Heat Stroke	8999-8911	NSC	STR	
Asthma, Mild Intermittent	Cat III	Asthma	6602	10%	STR	
COMBINED RATING: 0%	COMBINED RATING OF ALL VA CONDITIONS: 10%	
	
ANALYSIS SUMMARY:

Heat Stroke. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s heat-related condition began in August 2005 after participating in outside physical fitness training. Hospitalized overnight, he was diagnosed with heat stroke presenting with kidney and liver abnormalities consistent with rhabdomyolysis. The 21 November 2005 MEB NARSUM examination, 5 months prior to separation, noted no further physical complaints from the CI. Physical examination, to include vital signs, were detailed and normal, with heart rate at 71 beats per minute, and no tachycardia present. 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 heat stroke 0%, analogously coded 7999-7900 (hyperthyroidism). The CI failed to show for his scheduled VA examination, and the VA did not service-connect the heat stroke, based on the STR and the assumption that the injury resolved without residuals. Panel members noted that there is no specific VASRD code for heat stroke, and agreed that PEB’s use of code 7900, which is often analogized for such conditions, was appropriate in this case. In the absence of abnormal functional residuals or significant impact on occupational and social activity, the heat-related condition resolved without significant complications, and there was no record of “tachycardia or the requirement for continuous medication” for a higher 10% rating. After due deliberation, considering all 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 heat stroke.

Contended PEB Condition: Asthma. The panel’s main charge is to assess the fairness of the PEB determination that the contended condition was not unfitting. Although the asthma was noted on limited duty forms and failed retention standards, it was not implicated in the commander’s non-medical assessment. The panel members found no performance-based evidence from the record that the intermittent asthma condition significantly interfered with satisfactory duty performance at or near separation. Therefore, after due deliberation, the panel concluded there was insufficient cause to recommend a change in the PEB’s fitness determination for the contended asthma condition, so no additional disability rating is recommended.

BOARD FINDINGS: In the matter of the heat stroke and IAW VASRD §4.119, the panel recommends no change in the PEB adjudication. In the matter of the contended asthma, the panel recommends no change from the PEB determination as not unfitting. 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.

2	PD-2017-03935

DEPARTMENT OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD, DC 20374-5023

IN   REPLY  REFER  TO:
1850
CORB: 003 20May20

From: Director, Secretary of the Navy Council of Review Board	

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW  (PDBR)

Ref:	(a) DoDI 6040.44
(b) PDBR ltr dtd 25 Jul 19

1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation (reference (b)) to the Department of the Navy on 5 Mar 2020 for appropriate  action.

2.	On 20 March 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR of no change to your characterization of separation or disability rating assigned by the Department of the Navy's Physical Evaluation  Board.

3.	The Secretary's decision on your PDBR application is final and is not subject to appeal or additional review by the Board for Correction of Naval Records.