RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX 	CASE:  PD-2018-00567
BRANCH OF SERVICE:  Air Force 	SEPARATION DATE:  20050222

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Fuels Craftsman, medically separated for “asthma” with a disability rating of 10%.  

CI CONTENTION:  “Review all conditions.”  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 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 - 20040721	VARD - 20060403	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Asthma	6602	10%	Bronchial Asthma	6602	30%	20060323	
Seasonal Allergic Rhinitis	Cat II	No VA Placement	
Smokeless Tobacco Abuse	Cat III	No VA Placement	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  60%	

ANALYSIS SUMMARY:  

Asthma.  According to the service treatment record and MEB narrative summary (NARSUM), the CI’s asthma began in April 2002 when he experienced wheezing after a viral infection.  He continued to have episodic asthma exacerbations requiring inhaled albuterol and steroids.  On 23 June 2004 (8 months prior to separation), pulmonary function testing (PFT) showed an FEV-1 of 91% of predicted and an FEV-1/FVC of 72%.  At the 1 July 2004 MEB NARSUM examination, 8 months before separation, the CI was using daily Advair (inhalational anti-inflammatory) and as needed albuterol (inhalational bronchodilator).  The CI reported he was back to running and doing physical training with his unit.  During the 2 February 2005 MEB examination (recorded on DD Form 2697), 3 weeks before separation, the CI reported that his asthma was doing quite well on current medications (Advair).  

At the 23 March 2006 VA Compensation and Pension (C&P) examination, 13 months after separation, the examiner noted that the CI was taking Advair every 2 to 3 days and Albuterol as needed.  The PFT showed an FEV-1 of 82% of predicted and an FEV-1/FVC of 73%.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the asthma 10%, coded 6602 (asthma).  The VA rated the asthma 30%, coded 6602, based on the C&P examination, citing daily use of Advair.  A 30% rating stipulates “daily inhalational or oral bronchodilator therapy, or; inhalational anti-inflammatory medication.”  All examinations proximate to separation showed use of inhaled anti-inflammatories (Advair).  Therefore, panel members agreed that the VASRD §4.97 threshold for a 30% rating was reasonably satisfied in this case on the basis of inhalational anti-inflammatory medication use.  A 60% rating was not justified in the absence of at least monthly visits to a physician for required care of exacerbations, or intermittent courses of systemic corticosteroids.  There was no PFT evidence to support the next higher 60% rating.  After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 30% for the asthma condition, coded 6602.  

Contended PEB Conditions:  Seasonal Allergic Rhinitis and Smokeless Tobacco Abuse.  The smokeless tobacco abuse is a condition not constituting a physical disability, IAW DoDI 1332.38.  In regards to the allergic rhinitis, the panel noted it was not profiled, implicated in the commander’s statement or noted by the MEB to fail retention standards.  There was no performance-based evidence from the record that it significantly interfered with satisfactory duty performance at separation.  After due deliberation, the panel concluded there was insufficient cause to recommend a change in the PEB fitness determination for the allergic rhinitis, so no additional disability rating is recommended.  

BOARD FINDINGS:  In the matter of the asthma, the panel recommends a disability rating of 30%, coded 6602 IAW VASRD §4.97a.  In the matter of the contended seasonal allergic rhinitis and smokeless tobacco abuse, the panel agrees it cannot recommend either of them for additional disability rating.  There are no other conditions within the panel’s scope of review for consideration. 

 The panel recommends the CI’s prior determination be modified as follows; and, that the discharge with severance pay be re-characterized to reflect permanent disability retirement, effective the date of medical separation:  

CONDITION	VASRD CODE	PERMANENT RATING	
Asthma	6602	30%	

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

Dear XXXXXXXXX:

		Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2018-00567.

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 not in accordance with the guidelines of the Veterans Affairs Schedule for Rating Disabilities.  Accordingly, the Board recommended your separation be re-characterized to reflect disability retirement, rather than separation with severance pay

I have carefully reviewed the evidence of record and the recommendation of the Board.    I concur with that finding, accept the recommendation and determined that your records should be corrected accordingly.  The office responsible for making the correction will inform you when your records have been changed.

As a result of the aforementioned correction, you are entitled by law to elect coverage under the Survivor Benefit Plan (SBP).  Upon receipt of this letter, you must contact the Air Force Personnel Center at (210) 565-2273 to make arrangements to obtain an SBP briefing prior to rendering an election.  If a valid election is not received within 90 days from the date of this letter, you will not be enrolled in the SBP program unless at the time of your separation, you were married, in such a case, failure to render an election will result in automatic enrollment by law.