RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY 

CASE NUMBER: PD1200927 SEPARATION DATE: 20020408 

BOARD DATE: 20130123 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty Soldier, SGT/E-5(13B/Cannon Crew Member), 
medically separated for benign paroxysmal positional vertigo (BPPV). The CI’s condition began 
in February 1997 when he reported 5 days of dizziness upon waking and lightheadedness 
throughout the day. The CI related that the hatch of an armored vehicle fell down on his head. 
At that time, he was wearing a Kevlar helmet and there was no loss of consciousness, nor was 
medical care sought. He was initially diagnosed and treated for right acute otitis media (ear 
infection) and vestibular labyrinthitis. It was felt his history was consistent with BPPV and he 
was prescribed vestibular exercises. 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/E2 profile and referred for a Medical Evaluation 
Board (MEB). The MEB forwarded BPPV involving the right posterior semicircular canal and 
possibly other canals as medically unacceptable IAW AR 40-501. The MEB forwarded no other 
conditions for Physical Evaluation Board (PEB) adjudication. The PEB adjudicated the BPPV as 
unfitting, rated 0%, with application of the Veteran’s Affairs Schedule for Rating Disabilities 
(VASRD). The CI made no appeals, and was medically separated with a 0% disability rating. 

 

 

CI CONTENTION: The CI writes: “Head injuries (X2), left calf condition, severe migraine 
headaches, vertigo.” The CI also attached a memo with attachments indicating more history 
and disability concerns, as well as a claimed 100% VA disability. The Board also reviewed the 
Congressional and Senatorial letters forwarded by the CI. 

 

 

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 vertigo condition meets the 
criteria prescribed in DoDI 6040.44 for Board purview; and, is addressed below. The head 
injuries, migraine headaches and left calf conditions 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 PEB – Dated 20011221 

VA (1 Week Pre-Separation) – All Effective Date 20020404 

Condition 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Benign Paroxysmal 
Positional Vertigo 

6299-6204 

0% 

Benign Paroxysmal Positional 
Vertigo w/Associated 
Headaches and Photophobia* 

8045-6205 

30%* 

20040404 
& 02 

.No Additional MEB/PEB Entries. 

Residuals of L Calf Muscle Injury 

5399-5024 

10% 

20040404 

0% X 1 / Not Service-Connected x 2 

20040404 

Combined: 0% 

Combined: 40%* 



*VARD of 4/24/03 removed Headaches from 8045-6205 condition, and rates tension headaches (8100) at 50%, effective 
20020422 (combined 70%). 

 

 

ANALYSIS SUMMARY: 

 

Benign Paroxysmal Positional Vertigo. In February 1997 CI presented to PCC with a five day 
history of dizziness upon awakening and, light headedness. He was diagnosed with otitis media 
and vestibular labyrinitis; treated with antibiotics and given medication to control dizziness. He 
was referred to otolaryngologist (ENT) in March 1997, was found to have a normal exam with 
normal gait, negative Romberg and negative Hallpike maneuver (test for vertigo and is positive 
if nystagmus is produced; maybe diagnostic of BPPV). The presumptive diagnosis of BPPV was 
given. Two weeks later Hallpike test was positive, and a profile was initiated. He subsequently 
underwent audiograms, and vestibular function tests (VNG-videonystagmography-2) over a 3 
year period. The audiograms were normal and the last VNG was abnormal (2 years prior to 
separation). The CI continued to complain of positional dizziness and vertigo for several 
months. Ten months prior to separation the CI underwent another audiogram, and additional 
tests designed to detect nystagmus, and results supported the diagnosis of BPPV. At the MEB 
narrative summary (NARSUM) exam (approximately 6 months prior to separation), the CI 
reported positional dizziness and vertigo; he denied tinnitus and hearing loss. The physical 
exam was normal and a review of medical records was performed. An acknowledgement of his 
condition as recurrent and unpredictable with prognosis that episodes of vertigo will likely 
continue resulted in the recommendation to not retain CI due to BPPV. At the VA 
Compensation and Pension (C&P) exam (4 days prior to separation), the CI reported dizziness 
and lightheadedness during the exam. He also reported photophobia. He was diagnosed with 
BPPV with severe re-associated headaches and photophobia. 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
PEB rated the condition at 0% using analogous code 6299-6204 (Peripheral vestibular disorder, 
associated with Otitis Media). The VA rated the condition at 30% coded 8045-6205 (Meniere’s 
disease associated with brain disease due to trauma). There was no physician diagnosis of 
Meniere’s disease or syndrome in the treatment record. The Board acknowledges the fact that 
the CI suffered headaches and experienced photophobia with headaches; however, these 
conditions were not adjudicated by the PEB and therefore are not within the scope of the 
Board. All Board members agreed that the medical records provided evidence of objective 
tests to support a 10% rating under the code 6204 (Peripheral vestibular disorder) for 
occasional dizziness with objective findings. The records did not support the higher rating of 
20% since staggering was not identified in any of the examinations proximate to separation. 

 

The Board acknowledged the VA’s decision to rate the condition of BPPV with associated 
headaches and photophobia under the above mentioned code. The Board considered the 
rating criteria and determined there was not sufficient evidence in the records supporting the 
use of the 8045-6205, absent consideration of non-vestibular type symptoms outside the scope 
of the Board, or undue speculation. There were no reported episodes of gait disturbance, the 
audiograms were normal, and although the records indicated episodes of tinnitus in the past, 
none were recorded in the 12 months prior to separation. After due deliberation, considering 


all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board recommends a 
disability rating of 10% for the BPPV condition. 

 

 

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. The Board did not 
surmise from the record or PEB ruling in this case that any prerogatives outside the VASRD 
were exercised. In the matter of the BPPV condition, the Board unanimously recommends a 
disability rating of 10%, coded 6299-6204 IAW VASRD §4.87. 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, effective as of the date of his prior medical separation: 

 

UNFITTING CONDITION 

VASRD CODE 

RATING 

Benign Paroxysmal Positional Vertigo 

6299-6204 

10% 

COMBINED 

10% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120613, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 

 xxxxxxxxxxxxxxxxxx, DAF 

 Acting Director 

 Physical Disability Board of Review 

 


SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

(TAPD-ZB / xxxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557 

 

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation 

for xxxxxxxxxxxxxxxxxxxxxx, AR20130006054 (PD201200927) 

 

 

1. I have reviewed the enclosed Department of Defense Physical Disability Board of Review 
(DoD PDBR) recommendation and record of proceedings pertaining to the subject individual. 
Under the authority of Title 10, United States Code, section 1554a, I accept the Board’s 
recommendation to modify the individual’s disability rating to 10% without recharacterization 
of the individual’s separation. This decision is final. 

 

2. 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. 

 

3. 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: 

 

 

 

 

Encl xxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)