DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office of the Assistant Secretary

SAF/MRBD (PDBR)
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435
MEMORANDUM FOR THE ASSISTANT SECRETARY OF THE NAVY, MANPOWER AND RESERVE AFFAIRS

SUBJECT: Physical Disability Board of Review Recommendation on XXXXXXXXXXX  Case Number PD-2020-00190

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 (CI) from the United States Marine Corps. 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 CI was an active duty E7, Small Computer Systems Specialist, medically separated for “fibromyalgia” with a disability rating of 20%. The PEB rated the fibromyalgia 20%, coded 5025 (fibromyalgia), and listed “depressive disorder” as Category II diagnosis contributing to the disability in this case. This related condition could be reasonably justified as separately unfitting; nor would a separate rating be achievable without violation of VASRD §4.14 (avoidance of pyramiding). The VA also rated the fibromyalgia 20%, coded 5025, based on the Compensation and Pension examination.

A 20% rating, but no higher, was warranted for fibromyalgia with “widespread musculoskeletal pain and tender points, with or without associated fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud’s- like symptoms that are episodic….and present more than one-third of the time.” The CI reported an intermittent pattern of widespread pain, but that treatment and increased stretching provided some relief. Thus, there was no evidence to support a 40% rating for symptoms that were “constant, or nearly so, and refractory to therapy.”

Upon assessing the fairness of the PEB determination that the contended depressive disorder was not unfitting, it was noted that the condition was not included on limited duty forms and did not fail retention standards. There was no performance-based evidence from the record that the condition significantly interfered with satisfactory duty performance at separation. 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 fibromyalgia; or the the PEB fitness determination for the contended condition, so no additional disability rating is recommended.

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
6040
CORB: 001
10 Aug 2021

From: Director, Secretary of the Navy Council of Review Boards To:	XXXXXXXXXXXXX

Subj:	Physical Disability Board of Review Determination Ref:	(a) 6040.44(Series)
1.	The Physical Disability Board of Review (PBDR) reviewed your case in accordance with reference
(a) and forwarded their recommendation for action.

2.	On 9 June 2021, the Assistant Secretary of the Navy (Manpower and Reserve Affairs) accepted the PDBR’s recommendation of no change to your characterization of separation or disability rating assigned.

3.	

The PDBR determination is final and not subject to appeal or review.