SAF/MRBD (PDBR)
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435

MEMORANDUM FOR THE DIRECTOR, AIR FORCE REVIEW BOARDS AGENCY

SUBJECT:  Physical Disability Board of Review Recommendation on
	Case Number PD-2018-00314

	In accordance with Title 10 § 1554a and in compliance with DoDI 6040.44, the Physical Disability Board of Review (PDBR) adjudicated the disability rating accompanying the medical separation of the covered individual from the United States Air Force.  After carefully reviewing the application and medical separation case file, the PDBR recommended no re-characterization of the separation or modification of the disability rating previously assigned.  I recommend you accept this proposed decision.

	The covered individual (CI) was an Air National Guard E5, Aerospace Propulsion Turboprop and Turboshaft Journeyman, medically separated for “chronic foot pain secondary to plantar fasciitis” with a disability rating of 10% for each foot under the code 5399-5310 (analogous to muscle group 10).  The VA also conferred separate ratings of 10% for each foot, coded 5284 (foot injuries, other), based on the Compensation & Pension examination.  Panel members agreed that the disability in evidence at separation could not be reasonably characterized as greater than moderate for each foot, thus higher ratings under codes 5310 and 5284 were not supported.  The panel considered other foot and analogous codes, but all were less applicable or not advantageous to 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 bilateral foot condition.  

In regards to the contended obstructive sleep apnea (OSA) condition, the panel noted no performance-based limitations other than deployability.  The panel’s decision therefore distilled to the question of whether the deployment limitation alone was sufficient justification for recommending OSA as unfitting.  There is no set resolution with regard to that question, and PEB dispositions are individualized based on multiple factors.  An additional question was raised in this case as to whether OSA with a requirement for CPAP (continuous positive airway pressure) was truly a barrier to deployment to all but the most austere environments.  In the absence of a specific PEB opinion regarding fitness, members agreed that there was not a preponderance of evidence for the panel to justify a conclusion that OSA alone would have prohibited continued military service.  After due deliberation, the panel concluded there was 

insufficient cause to recommend a change in the PEB fitness determination for the contended OSA condition, so no additional disability rating is recommended.    

	 

 SAF/MRB
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435

Dear XXXXXXXXXX:

		Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2018-00314.

After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation system processing was appropriate.  Accordingly, the Board recommended no rating modification or re-characterization of your separation.

I have carefully reviewed the evidence of record and the recommendation of the Board.  I concur with that finding and their conclusion that modification of your disability rating or characterization of your separation is not warranted.  Accordingly, I accept the recommendation that your application be denied.