RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
BRANCH OF SERVICE: ARMY
SEPARATION DATE: 20080428
NAME: XXXXXXXXXXX
CASE NUMBER: PD1100744
BOARD DATE: 20121024
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty Warrant Officer 1 (WO1) (003A0/Warrant Officer
Flight School Student), medically separated for cognitive disorder, not otherwise specified
(NOS), status post (s/p) closed head injury associated with posttraumatic stress disorder (PTSD).
The CI did not improve adequately with treatment to meet the physical requirements of his
Military Occupational Specialty (MOS) or satisfy physical fitness standards. He was issued a
permanent P3/S3 profile and referred for a Medical Evaluation Board (MEB). PTSD, cognitive
disorder, and traumatic brain injury (TBI) were forwarded to the Physical Evaluation Board
(PEB) as medically unacceptable IAW AR 40‐501. Depressive disorder and migraine headaches
were forwarded on the MEB submission as medically acceptable conditions. The PEB
adjudicated the cognitive disorder condition s/p closed head injury associated with PTSD as
unfitting, rated 10% with likely application of the Department of Defense Instruction (DoDI)
1332.39, and the Veteran’s Affairs Schedule for Rating Disabilities (VASRD). Migraine
headaches were determined to be not unfitting. The CI made no appeals, and was medically
separated with a 10% disability rating.
CI CONTENTION: “Because the VA has found that it is not just Traumatic Brain Injury, but there
is some type of heart condition and the left eye has major issues. Also the VA has determined
that the PTSD is a lot worse than the Army stated. They have also determined that I have a
sleeping condition.”
SCOPE OF REVIEW: The Board wishes to clarify that the scope of its review as defined in DoDI
6040.44, Enclosure 3, paragraph 5.e.(2) is limited to those conditions which were determined
by the PEB to be specifically unfitting for continued military service; or, when requested by the
CI, those condition(s) “identified but not determined to be unfitting by the PEB.” The ratings
for unfitting conditions will be reviewed in all cases. The unfitting cognitive disorder s/p closed
head injury with PTSD conditions meets the criteria prescribed in DoDI 6040.44 for Board
purview, and are accordingly addressed below. Although migraine headache was not
specifically contended, the CI included “traumatic brain injury” in his contention and the Board
concluded the post concussive headache condition was within its purview. The other requested
conditions (heart condition, left eye, and sleep condition) are not within the Board’s purview.
Any conditions or contention not requested in this application, or otherwise outside the Board’s
defined scope of review, remain eligible for future consideration by the Army Board for
Correction of Military Records.
RATING COMPARISON:
Service IPEB – Dated 20080317
Condition
Code
Rating
Cognitive Disorder s/p Closed
Head Injury; Associated with
PTSD, Depressive Disorder
Migraine Headaches
8045‐9304
10%
Not Unfitting
VA (2 Mo. After Separation) – All Effective Date 20080429
Condition
Posttraumatic Stress Disorder
(also claimed as Cognitive
Disorder)
Migraine Headaches
Code
9411
Rating
Exam
10%*
20080610
8045‐8100
30%
20080610
20080610
↓No Addi(cid:415)onal MEB/PEB Entries↓
Combined: 10%
0% x 1
Combined: 40%
* VA rating based on exam most proximate to date of permanent separation. VARD 20100202 Increased rating to 30% and
changed the diagnosis to “PTSD with cognitive disorder” effective 20080429.
ANALYSIS SUMMARY: The Disability Evaluation System (DES) is responsible for maintaining a fit
and vital fighting force. While the DES considers all of the member's medical conditions,
compensation can only be offered for those medical conditions that cut short a member’s
career, and then only to the degree of severity present at the time of final disposition. The DES
has neither the role nor the authority to compensate members for anticipated future severity
or potential complications of conditions resulting in medical separation nor for conditions
determined to be service‐connected by the Department of Veterans Affairs (DVA) but not
determined to be unfitting by the PEB. However the DVA, operating under a different set of
laws (Title 38, United States Code), is empowered to compensate all service‐connected
conditions and to periodically re‐evaluate said conditions for the purpose of adjusting the
Veteran’s disability rating should the degree of impairment vary over time. The Board’s role is
confined to the review of medical records and all evidence at hand to assess the fairness of PEB
rating determinations, compared to VASRD standards, based on severity at the time of
separation. The Board utilizes DVA evidence proximal to separation in arriving at its
recommendations; and, DoDI 6040.44 defines a 12‐month interval for special consideration to
post‐separation evidence. The Board’s authority as defined in DoDI 6044.40, however, resides
in evaluating the fairness of DES fitness determinations and rating decisions for disability at the
time of separation. Post‐separation evidence therefore is probative only to the extent that it
reasonably reflects the disability and fitness implications at the time of separation.
Cognitive Disorder, Not Otherwise Specified, Status Post Closed Head Injury, with Associated
Posttraumatic Stress Disorder. Following a head injury in June 2007, the CI developed migraine
headaches which were controlled with chronic prophylactic medication. However, the
medication disqualified him from continuing in helicopter pilot training. In August 2007, the
CI’s physician initiated a MEB based on the use of medication which was disqualifying for
continued flight training, and the fact that a transfer into another job was not a likely option.
Subsequent neuropsychological testing diagnosed the presence of a cognitive disorder
attributed to recurrent head injuries from bull riding beginning prior to service, as well as
recurrent TBI while in service. Concurrently, the CI sought treatment for symptoms of chronic
PTSD that had been present for 2 years, but had reportedly intensified following the June 2007
head injury. Traumatic combat experiences while deployed to Iraq in 2004 led to the
development of PTSD. The PEB initially discontinued disability processing due to questions as
to why the CI was unable to perform general military duties. Based on additional information,
the IPEB subsequently found the cognitive disorder NOS, s/p closed head injury unfitting with
associated PTSD and episodic depressive symptoms that worsened after the June 2007 head
injury, and rated the combined conditions 10% consistent with VASRD guidelines (general rating
formula for mental disorders, coded 8045‐9304, dementia due to traumatic brain injury). The
PEB awarded the 10A/C (directly related to armed conflict) and 10D (disability was incurred in a
combat zone (Iraq) or incurred during the performance of duty in combat‐related operations as
designated by the Secretary of Defense) designations for PTSD. The PEB concluded the
2 PD1100744
migraine headaches controlled with medication were not unfitting for continued military
service. The Board noted that PEBs often combine multiple conditions under a single rating
when those conditions considered individually are not separately unfitting and would not cause
the member to be referred into the DES or be found unfit because of physical disability. This
approach by the PEB reflects its judgment that the constellation of conditions was unfitting, not
a judgment that each condition was independently unfitting. When combining conditions in
this manner, the PEBs concluded that there was no need for separate fitness adjudications.
When considering a separate rating for each condition, the Board first must satisfy the
requirement that each unbundled condition was unfitting in and of itself based on a
preponderance of evidence. When the Board recommends separate fitness recommendations
in this circumstance, its recommendations may not produce a lower combined rating than that
of the PEB. The Board considered the cognitive disorder and PTSD conditions separately with
regard to fitness for continued military duty. The 2 October 2007 neuropsychological testing
report concluded the CI had a mild cognitive impairment due to head injury that would not
interfere with general military duties but might interfere with pilot training. A psychiatry
addendum dated 28 February 2008 addressing the diagnosis of cognitive disorder, NOS,
reviewed the neuropsychological testing results. The psychiatrist thought the impairment was
greater than that assessed by the neuropsychologist, stating that the CI was “a highly trained
helicopter pilot (which he wasn’t) who will no longer be able to function in his area of expertise
but will need to retrain into another occupation and do so with a significant decrement in his
cognitive abilities compared to those he had prior to his head injury.” The Board noted the
neuropsychological testing report recorded a test failure and difficulty with classroom work and
concluded the cognitive disorder was separately unfitting for military duty. The Board next
considered whether the PTSD condition was unfitting for continued military service. The MEB
psychiatry narrative summary (NARSUM) (written by a different examiner than the psychiatry
addendum) detailed combat stressors consistent with witness statements and service records,
and symptoms of PTSD for which the psychiatrist concluded the impairment for military duty
was marked. A majority of the Board concluded PTSD was also unfitting for military service.
The Board also noted that there were overlapping symptoms from the CI’s cognitive disorder
and PTSD.
The Board next considered the evidence relevant to rating the unfitting cognitive disorder and
associated PTSD. The neuropsychological testing report dated 2 October 2007 recorded
symptoms of PTSD since the CI’s return from Iraq, including personality changes, increased
irritability and anger, and being nervous/edgy in traffic and crowds. The neuropsychologist
wrote that the CI reported he had failed a flight school test prior to the onset of his migraines,
and difficulty in flight training classes when instructors were bland. The neuropsychological
testing revealed mild neuropsychological defects of visual attention, slow reaction time, slow
processing speed, difficulty for fine motor dexterity for peg placement in the left upper
extremity (however the CI was experiencing a tremor due to medication side effect), impaired
rhythm perception and memory. His reading skill was at the seventh grade level. Mild anxiety
was present on testing. The neuropsychologist concluded that the mild cognitive limitations
were more likely related to multiple concussions than anxiety or PTSD. The neuropsychologist
did not think the mild deficits would disqualify him from general military service or
“competitive employment in the civilian sector” but suspected he would have difficulty taking
in large amounts of information such as for pilot training or pursuing a job that required him to
sustain attention over a period of time. The neuropsychologist also noted there were several
strengths such as good mathematics ability and as reflected in performance in the superior
range on a demanding non‐verbal problem solving test requiring hypothesis generation and
mental flexibility. The psychiatry NARSUM dated 14 January 2008 describes the traumatic
combat experiences endured by the CI while deployed to Iraq from March 2004 to February
2005, service for which the CI was awarded the Bronze Star with “V” device and Combat Action
Badge, and documents chronic symptoms of PTSD that began upon his return from Iraq in
February 2005. Symptoms included nightmares, intrusive thoughts and flashbacks triggered by
3 PD1100744
reminders (such as fire crackers going off), irritability, short temper, hypervigilance, anxiety,
and problems with large crowded public places. The CI also described short lived episodes of
depressive symptoms lasting 3 days occurring every 3 months manifested by anhedonia,
psychomotor retardation, fatigue, lack of appetite, and need for self isolation that resolved
spontaneously. The psychiatrist noted that despite his PTSD symptoms, the CI was able to
finish Warrant School without any difficulty and was enrolled in aviation school. Treatment had
begun in August 2007, “greatly decreased the intensity of his PTSD symptoms,” and was
associated with improved relationship with his wife and the ability to interact with friends on a
social basis. The CI was able to go to restaurants and movies but was still constantly scanning,
felt nervous around large groups of people and was startled by unexpected loud noises. He
also continued to note difficulty concentrating at times and some dizziness. Mental status
examination (MSE) was unremarkable with a reflective mood, normal affect, and fluent speech
with organized clear and lucid thought processes without hallucinations, delusions, suicidal
ideation, homicidal ideation, or impairment of insight or judgment. Concentration was intact to
serial 7s; the CI could recall two of three items on memory testing. The psychiatrist judged the
PTSD to be mild.
Both the PEB and VA adjudicated a single rating for the cognitive disorder and PTSD together.
This is consistent with VASRD guidance IAW §4.126 (evaluation of disability from mental
disorders) and §4.14 (avoidance of pyramiding). In accordance with §4.126, cognitive disorders
shall be evaluated under the general rating formula for mental disorders; neurologic deficits or
other impairments stemming from the same etiology (e.g., a head injury) shall be evaluated
separately and combined with the evaluation for delirium, dementia, or amnestic or other
cognitive disorder. When a single disability has been diagnosed both as a physical condition
and as a mental disorder, the rating agency shall evaluate it using a diagnostic code which
represents the dominant (more disabling) aspect of the condition. In accordance with §4.14
(avoidance of pyramiding), more than one rating cannot be assigned for the same symptoms
(i.e. a rating for PTSD and a rating for TBI that each are based on the same cognitive symptoms).
In addition, TL 07‐05, in effect at the time of separation, states: “Symptoms of cognitive
impairment and mental disorders such as depression and PTSD often overlap. In such cases, a
single evaluation taking into account both conditions may be the most appropriate way to
evaluate them.” The Board noted the impairing symptoms of irritability, anxiety, and cognitive
problems are overlapping symptoms of both head injury and PTSD. Therefore, due to the
overlapping and intertwined symptoms from the cognitive disorder and PTSD, the Board
concluded that the symptoms including cognitive, emotional and behavioral complaints were
most appropriately rated in combination as a single evaluation using the general rating formula
for mental disorders consistent with the approach used by both the PEB and VA. The PEB rating
was apparently derived from DoDI 1332.39 although the National Defense Authorization Act
(NDAA) 2008 mandate for Department of Defense (DoD) adherence to VASRD §4.129 had
recently been promulgated. IAW DoDI 6040.44 and current DoD guidance (which applies
VASRD §4.129 to all Board cases), the Board is obligated to recommend a minimum 50% PTSD
rating for a retroactive 6 month period on the Temporary Disability Retired List (TDRL). The
Board must then determine the most appropriate fit with VASRD §4.130 criteria after six
months for its permanent rating recommendation. At the time of separation from active duty
and placement on TDRL, all members agreed the cognitive disorder associated with PTSD
condition did not exceed the 50% level.
Next, the Board considered its recommendation for a permanent rating for PTSD based on the
most appropriate fit with VASRD §4.130 criteria at six months following separation. The most
proximate source of comprehensive medical evidence upon which to base the permanent
rating recommendation in this case are the VA Compensation and Pension (C&P) examinations
performed on 10 June 2008, approximately 2 months after separation. The general medical
C&P examination recorded a history of multiple head injuries. Migraine headaches were
attributed to the head injury in June 2007 and were reported to occur two to three times per
4 PD1100744
month with most attacks prostrating. However, they were also noted to cause no significant
effects on the CI’s usual occupation. The C&P examiner recorded complaint of mild memory
impairment with absence of other symptoms, including dizziness, vertigo, fatigue, sleep
problem, or tinnitus. The neurological examination was normal, and memory was considered
intact on physical examination. On MSE, the CI exhibited normal mood, affect, judgment,
appropriate behavior, and normal comprehension of commands. He was employed fulltime as
an electrician’s apprentice. The examiner concluded there was “No evidence for a physical
condition relating to traumatic brain injury.” The PTSD C&P examination on the same date
summarized combat stressors and the CI endorsed continued symptoms of PTSD the examiner
concluded were mild. There were no panic attacks, or problems with impulse control,
substance abuse or violence. MSE noted the mood to be good with normal affect. The CI was
observed to be friendly, relaxed, and attentive. Attention and concentration were normal,
insight and judgment intact, and memory normal. There was no suicidal or homicidal ideation.
The examiner concluded PTSD symptoms were controlled by continuous medication and were
not severe enough to interfere with occupational and social functioning. The VA granted a
service‐connected rating of 10% for PTSD (also claimed as cognitive disorder) based on
evidence of the service treatment records (STR) and the C&P examinations. The CI appealed his
VA ratings and the VA increased his rating for PTSD with cognitive disorder to 30% based on an
examination performed 21 September 2009, 17 months after separation. The Board noted the
subsequent examinations and rating changes, however concluded the severity of the cognitive
disorder associated with PTSD condition at the time of removal from TDRL was best described
by the 10% rating criteria.
Migraine Headache Condition. The condition adjudicated as not unfitting by the PEB was
migraine headache. Although not specifically contended, the headache condition was
associated with the post‐concussive symptoms including the unfitting cognitive disorder, and
was the initial reason for entry into the DES. The Board’s first charge with respect to this
condition is an assessment of the appropriateness of the PEB’s fitness adjudication. The
Board’s threshold for countering fitness determinations is higher than the VASRD §4.3
(reasonable doubt) standard used for its rating recommendations, but remains adherent to the
DoDI 6040.44 “fair and equitable” standard. Following the June 2007 head injury, the CI
developed migraine headaches that were controlled with medication but resulted
in
disqualification for flight school due to the requirement for medication. The Board concluded
the headache condition was unfitting and related to the unfitting post‐concussive syndrome.
At a 29 November 2007 aviation clinic appointment for MEB evaluation, the physician recorded
that the CI had a prostrating headache once every 3 months. A 24 January 2008 neurology
appointment recorded the CI experienced a headache once every 3 months (severity not
specified). The general MEB NARSUM dated 5 February 2008 noted that the migraine
headaches initially occurred two to three times per week, but occurred once every 3 months on
medication. At the time of separation and placement on the constructive TDRL, the frequency
and severity of headaches (good control with headaches once every three months responsive
to medication), did not attain a compensable level IAW VASRD diagnostic code 8100. Therefore
the Board recommends a zero percent rating at the time of entry on to TDRL. By policy and
precedent, the Board will assess a permanent rating recommendation for the unfitting migraine
headache condition based on the highest probative value information available describing the
condition at 6 months post‐separation (per retroactive application of §4.129 as above). As
previously noted, the most proximate source of comprehensive medical evidence upon which
to base the permanent rating recommendation is the VA C&P examination on 10 June 2008. It
recorded report of headaches occurring two to three times per month with most attacks
prostrating consistent with the 30% rating under diagnostic code 8100. After due deliberation,
considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board
recommends a disability rating of 0% for migraine headache at separation and entry on TDRL,
and a permanent 30% rating at the time of removal from TDRL.
5 PD1100744
BOARD FINDINGS: IAW DoDI 6040.44, provisions of DoD or Military Department regulations or
guidelines relied upon by the PEB will not be considered by the Board to the extent they were
inconsistent with the VASRD in effect at the time of the adjudication. In the matter of the
cognitive disorder, NOS, s/p closed head injury, with associated PTSD condition, the Board by a
vote of 2:1 recommends a 10% permanent rating at six months IAW VASRD §4.130 following
the initial TDRL rating of 50% in retroactive compliance with VASRD §4.129. In the matter of
the contended migraine headache condition, the Board by a vote of 2:1 concluded that it was
unfitting and recommends a 30% permanent rating at 6 months IAW VASRD §4.124a following
the initial TDRL rating of 0%. The single voter for dissent (who concluded that the PTSD
condition was not separately unfitting, and recommended a 10% rating for the traumatic brain
injury with mild cognitive disorder) submitted the attached minority opinion. There were no
other conditions within the Board’s scope of review for consideration.
RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as
follows and that the discharge with severance pay be recharacterized to reflect permanent
disability retirement, effective as of the date of his prior medical separation:
VASRD CODE
8045‐9304
8100
COMBINED
RATING
TDRL PERMANENT
50%
0%
50%
10%
30%
40%
UNFITTING CONDITION
Traumatic Brain Injury with Mild Cognitive Disorder
and Posttraumatic Stress Disorder
Migraine Headache
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20110826, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
6 PD1100744
Minority Opinion.
After careful review of the available evidence in the record, the minority voter concluded the
PTSD condition was not separately unfitting for continued military service. The minority voter
concluded that the mild cognitive impairments more likely than not pre‐existed the mild 2 June
2007 head injury, were not worsened by that injury, and had not interfered with performance
of duties. Although the PEB determined the migraine headache condition was not unfit, the
minority voter concluded that symptoms of post‐concussive headaches controlled by
medication interfered with continued pilot training, was the reason for entry into the DES, and
was the primary reason for his separation from military service. Had the headache condition
not resulted in disqualification for flying and referral into the DES, the minority voter concluded
the mild cognitive symptoms and chronic PTSD symptoms would not have resulted in MEB
referral or separation from military service. The CI was initially referred into the DES because
he was taking a medication for migraine headaches that was disqualifying for continued flight
training/duty and transfer to another career field was apparently not an option at that time.
Cognitive problems attributed to multiple head injuries beginning prior to service and chronic
PTSD symptoms since 2005 were first reported after initiation of the MEB 17 August 2007.
Prior to initiation of the MEB process, the service treatment records (STR) were completely
silent with regard to head injury (other than the 2 June 2007 event), symptoms of cognitive
disorder or PTSD, and there was no indication of impairment from cognitive problems or PTSD
present in the records. In the opinion of the minority voter, extensive inconsistent and
contradictory evidence throughout the record substantially weakens the probative value of the
subjective evidence upon which the majority of the Board based its conclusions and
recommendations. When considered in its totality, the evidence does not support the
conclusions of the majority. The headache condition rates zero percent based on prior to
separation evidence. Although the mild cognitive disorder did not interfere with performance
of duty, it was considered to be the result of the same cause for the headache condition,
recurrent head injury. Therefore the minority voter recommends finding the post‐concussive
syndrome unfit rated 10% subsuming the headache and mild cognitive disorder coded 8045‐
9304. The minority voter recommends the PTSD condition as not unfit.
With regard to the Board majority’s recommendation for a 6 month period to constructive
TDRL, the minority voter agrees the cognitive disorder associated with PTSD most nearly
approximated the 10% rating at the time of separation and at the time of removal from the
constructive 6 month period of TDRL. However, regarding the rating for the headache
condition, the same reasoning that the probative value of subjective reporting was not
consistent with objective evidence extends to the headache frequency and severity recorded at
the time of the C&P examination. In addition, the C&P examiner recorded headache frequency
for the prior 12‐months which included the time period prior to treatment when headaches
were daily. There was no mention regarding what the headache frequency was in the
preceding several months on treatment. According to service treatment records, following
treatment the frequency of headaches did not attain a compensable level under VASRD
diagnostic code 8100. The minority voter concludes the headache condition should be rated
0% for a permanent rating.
7 PD1100744
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXX, AR20130000090 (PD201100744)
1. Under the authority of Title 10, United States Code, section 1554(a), I approve the enclosed
recommendation of the Department of Defense Physical Disability Board of Review (DoD PDBR)
pertaining to the individual named in the subject line above to constructively place the individual
on the Temporary Disability Retired List (TDRL) at
50% disability, per VASRD 4.129, for six months effective the date of the individual’s original
medical separation for disability with severance pay and then following this six month period no
recharacterization of the individual’s separation or modification of the permanent disability rating
of 10% (for cognitive disorder associated with PTSD and depressive disorder).
2. I do not accept the PDBR recommendation to add migraine headaches as an additional unfitting
condition. Although the applicant originally entered the Disability Evaluation System (DES) due to
migraine headaches (after only 2 months of treatment), the available evidence supports the
Physical Evaluation Board (PEB) determination that migraine headaches were not unfitting. In fact,
it appears that the migraine headaches, at the time of separation, did not even fail to meet
retention standards.
3. I direct that all the Department of the Army records of the individual concerned be corrected
accordingly no later than 120 days from the date of this memorandum as follows:
a. Providing a correction to the individual’s separation document showing that the
individual was separated by reason of temporary disability effective the date of the original medical
separation for disability with severance pay.
b. Providing orders showing that the individual was separated with a permanent combined
rating of 10% effective the day following the six month TDRL period with no recharacterization of
the individual’s separation.
c. Adjusting pay and allowances accordingly. Pay and allowance adjustment will provide
50% retired pay for the constructive temporary disability retired six month period effective the date
of the individual’s original medical separation and adjusting severance pay as necessary to account
for the additional TDRL time in service.
4. I request that a copy of the corrections and any related correspondence be provided to the
individual concerned, counsel (if any), any Members of Congress who have shown interest, and to
the Army Review Boards Agency with a copy of this memorandum without enclosures.
BY ORDER OF THE SECRETARY OF THE ARMY:
8 PD1100744
Encl
XXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
9 PD1100744
AF | PDBR | CY2011 | PD2011-00184
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AF | PDBR | CY2011 | PD2011-00873
The Board next deliberated the probative value assignment to the MEB/NARSUM evidence vs. the significantly disparate evidence from the VA C&P evaluation. The VA C&P examiner, after separation, reported a headache frequency of “six times per week” with duration of “minutes to hours.” The VA rating decision referenced the CI’s failure to respond to a request for additional documentation of treatment for headache, and assigned a non-compensable rating for lack of “characteristic prostrating...
AF | PDBR | CY2011 | PD2011-00114
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AF | PDBR | CY2010 | PD2010-00732
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AF | PDBR | CY2011 | PD2011-00596
The PEB adjudicated the mild cognitive dysfunction condition as unfitting, rated 10%; with application of the Veterans Administration Schedule for Rating Disabilities (VASRD). A general C&P exam 10 months prior to separation, stated that in addition to his daily headaches and dizziness, the CI had experienced ten episodes of syncope over the past year, had not been able to work since the head injury, and had “significant functional impairment as he cannot concentrate,” although he was...
AF | PDBR | CY2013 | PD-2013-01478
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. The Board therefore, with due consideration of VASRD §4.3 (reasonable doubt), recommends no change in the TDRL placement rating.The Board then turned to deliberation of a fair rating recommendation at the time of...
AF | PDBR | CY2009 | PD2009-00363
If the CI had separated after the current TBI rating criteria was in effect, he would have rated at 40% if his cognitive impairment was considered mild (level 2) or 70% if his cognitive impairment was considered moderate (level 3). After careful consideration of all available information, the Board concluded by simple majority that the CI’s condition is appropriately rated at a combined 40% with 30% for 8045-9304 Traumatic Brain Injury with Mild to Moderate Cognitive Impairment, 10% for...
AF | PDBR | CY2012 | PD2012 00424
He was issued a permanent L3 profileandreferred for a Medical Evaluation Board (MEB).Cognitive disorder; personality change due to concussive head injury; depressive disorderand anxiety disorder conditions, identified in the rating chart below, were also identified and forwarded by the MEB.The Physical Evaluation Board (PEB) adjudicated the muscle Group XII shrapnel and fasciotomy injury with residual muscle fatigue/lack of endurancecondition as unfitting, rated 20%, with application of the...
AF | PDBR | CY2010 | PD2010-00623
After careful review of the evidence, the Board unanimously recommends that the tinnitus be given a TDRL rating of 10% for six months, and a permanent separation rating of 10%, IAW VASRD §4.124a and §4.87. X-rays of his knees were normal. RECOMMENDATION: The Board recommends that the CI’s prior determination be modified as follows: TDRL at 60% for six months following CI’s prior medical separation, and then a permanent combined 30% disability retirement as indicated below.