RECORD OF PROCEEDINGS 

PHYSICAL DISABILITY BOARD OF REVIEW 

 

NAME: XXXXXXXXXXXXXXXXX CASE: PD1201364 

BRANCH OF SERVICE: ARMY BOARD DATE: 20130424 

DATE OF PLACEMENT ON TDRL: 20000711 

DATE OF PERMANENT SEPARATION: 20020627 

 

 

SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this 
covered individual (CI) was an active duty SGT/E-5 (11M/Infantry) medically separated for 
bipolar disorder. The original onset was in 1999 when brought to the hospital by his girlfriend 
due to depression and threats to harm himself. He was stabilized with medication but the 
condition was disqualifying for continued military service. He was issued a permanent S3 
profile and referred for a Medical Evaluation Board (MEB). The bipolar disorder condition was 
forwarded to the Informal Physical Evaluation Board (IPEB) IAW AR 40-501. No other 
conditions were submitted by the MEB. The IPEB adjudicated bipolar disorder as unfitting, 
rated 30%, and placed the CI on the Temporary Disability Retired List (TDRL). He was 
reexamined in October 2001 with recommended removal from TDRL. The IPEB adjudicated the 
bipolar disorder, rated 10% and the CI appealed, requesting a formal hearing. The Formal PEB 
(FPEB) rated the bipolar disorder 0% IAW USAPDA policy and the CI was medically separated 
with that disability rating. 

 

 

CI CONTENTION: “A 0% disability is not congruent with a PEB decision of “unfit for service.” 

 

 

SCOPE OF REVIEW: The Board’s scope of review is defined in DoDI 6040.44, Enclosure 3, 
paragraph 5.e. (2). It is limited to those conditions determined by the PEB to be unfitting for 
continued military service and those conditions identified but not determined to be unfitting by 
the PEB when specifically requested by the CI. The rating for the unfitting bipolar condition is 
addressed below. 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 
respective Service Board for Correction of Military Records. 

 

 

RATING COMPARISON: 

 

Final Service FPEB - 20020411 

VA 9 dys Prior to Adjudication Date*) - Effective 20000711 

On TDRL - 20000711 

Code 

Rating 

Condition 

Code 

Rating 

Exam 

Condition 

TDRL 

Sep. 

Bipolar Disorder 

9432 

30% 

0% 

Bipolar Disorder 

9432 

30% 

20000512 

No Additional MEB/PEB Entries. 

Other x 4 

20000512 

Combined: 30% . 0% 

Combined: 30% 



*Reflects VA rating exam proximate to TDRL placement; no VA rating evidence proximate to permanent separation. 

 

 

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 Veteran 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 Veterans Affairs Schedule for Rating Disabilities (VASRD) 
standards, based on severity at the time of separation. 

 

Bipolar Disorder Condition. The CI started to experience mood disorder symptoms around 
September 1999, which gradually exacerbated to the point where inpatient psychiatric care was 
required in March 2000. The CI endorsed severe mood lability, alternating episodes of 
depression with suicidal thoughts and hypomanic/manic ones. His psychiatrist diagnosed 
bipolar disorder, most recent episode manic with psychotic features, confirmed by classic 
symptoms of increased energy, racing thoughts, impulsive behavior, paranoid delusions, 
irritability. No triggering traumatic event was identified. After initiation of antipsychotic and 
mood stabilizing medication, the CI‘s paranoia completely resolved and his insight and 
judgment improved considerably, however his physicians recommended initiation of MEB 
process. The VA Compensation and Pension (C&P) examination performed on 12 May 2000, a 
month prior to placement on TDRL and 3 weeks after discharge from the hospital, noted the CI 
was doing “fairly well.” He complained of impaired memory and concentration but 
acknowledged his mood was more stable and the delusions and paranoia remitted completely. 
At that time the CI was assigned to an office job which he found “not as bothersome.” He 
stated he had a good relationship with his girlfriend. Mental status exam (MSE) noted a well 
groomed and well kept male, with normal speech, thought processes and content. His mood 
was described as anxious while insight and judgment were intact. Memory and concentration 
were described as fair to good. As the CI condition was not sufficiently stable for final 
adjudication, the PEB placed the CI on the TDRL with a 30% disability rating. The TDRL 
psychiatric re-evaluation examination, narrative summary (NARSUM) 16 October 2001 (17 
months after placement on TDRL), stated the CI continued mental health treatment at the VA 
clinic. He went regularly to follow up appointments every 3 months, continued daily mood 
stabilizing medication and he was able to maintain a stable mood, without any rebounding 
depression, mania or psychosis. He married and started a family with his new wife, and worked 
10 months as a driver for a temporary agency. He started classes at a community college which 
he attended full time in 2011. He wanted to become a physical education instructor. MSE 
noted a cooperant male, with normal speech, full, stable affect, intact cognition and normal 
thought processes and content, without any psychomotor retardation or agitation. The 
examiner concluded the bipolar I disorder was in full remission and recommended continuing 
medication and therapy to prevent a possible destabilization with reoccurrence of psychiatric 
symptoms. 

 

The Board directs attention to its rating recommendation based on the above evidence. The 
Board first addressed if the tenant of §4.129 (Mental disorders due to traumatic stress) were 
applicable. The Board determined that the bipolar disorder was not due to a “highly stressful 
event” as used in the VASRD, and that §4.129 is not applicable in this case.” The Board next 
considered the rating at the time of placement on the TDRL. Both the PEB and the VA rated the 
CI’s bipolar disorder 30% based on the MEB NARSUM examination and C&P examination 
respectively that were proximate to the date of placement on TDRL. While the CI still had 


residual anxiety, diminished concentration and memory, he still had significant improvement of 
his condition evidenced by stable mood and complete remission of paranoia and delusional 
thinking. Symptoms present at the time justified placement on TDRL with 30% rating. All 
members agreed a rating higher than 30% at the time of placement on the TDRL was not 
supported by the evidence of those examinations. The Board finally considered the permanent 
rating at the time of removal from the TDRL. According to the TDRL psychiatry NARSUM 
October 2001, the CI continued regular outpatient treatment and medication regimen with 
further improvement. There were no other inpatient admissions, the CI was able to maintain 
his marriage, work and study full time. Psychiatric exam performed in October 2001 did not 
evidence any active or residual psychiatric symptoms and noted a completely normal MSE. The 
psychiatry examiner concluded the CI’s condition was in full remission on medication. The PEB 
rated the CI’s bipolar disorder condition after removal from TDRL at 0%, citing full remission, 
with symptoms well controlled by regular use of psychotropic medication and capable of full 
employment. The FPEB applied a USAPDA policy in its rating adjudication. Although the CI was 
considered in full remission, he was maintained on continuous medication meeting the §4.130 
guidelines for a 10% rating. After due deliberation, considering all of the evidence and mindful 
of VASRD §4.3 (reasonable doubt), the Board recommends no change in the PEB adjudication at 
the time of placement on TDRL and a permanent disability rating of 10% at the time of removal 
from TDLR for the bipolar disorder 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. As discussed above, PEB 
reliance on USAPDA policy for rating the bipolar disorder condition at the time of removal from 
TDRL was operant in this case and the condition was adjudicated independently of that policy 
by the Board. In the matter of the bipolar disorder condition, the Board unanimously 
recommends no change in the PEB adjudication at the time of placement on TDRL and a 
disability rating of 10% coded 9432 IAW VASRD §4.130. 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 permanent medical separation: 

 

UNFITTING CONDITION 

VASRD CODE 

RATING 

TDRL 

PERMANENT 

Bipolar Disorder 

9432 

30% 

10% 

COMBINED 

30% 

10% 



 

 

The following documentary evidence was considered: 

 

Exhibit A. DD Form 294, dated 20120718, w/atchs 

Exhibit B. Service Treatment Record 

Exhibit C. Department of Veterans’ Affairs Treatment Record 

 

 

 

 


 

 xxxxxxxxxxxxxxxxxxxxxxxx, DAF 

 Director of Operations 

 Physical Disability Board of Review 

 


SFMR-RB 


 

 

MEMORANDUM FOR Commander, US Army Physical Disability Agency 

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

 

 

SUBJECT: Department of Defense Physical Disability Board of Review Recommendation 

for xxxxxxxxxxxxxxxxxxxxxxxxxx, AR20130011063 (PD201201364) 

 

 

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 xxxxxxxxxxxxxxxxxxxxxxxxx 

 Deputy Assistant Secretary 

 (Army Review Boards)