RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
SEPARATION DATE: 20021209
NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200526
BOARD DATE: 20121130
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty, SSG/E‐6, (54B/Food Service Specialist), medically
separated for delusional disorder, right elbow pain and chronic left ankle pain. Symptoms of
delusional disorder began in 2000 and were manifested by paranoid thoughts that people were
out to ruin his career. Right elbow pain due to ulnar nerve entrapment was treated surgically in
2000, but symptoms continued post‐operatively. Left ankle pain persisted after non‐surgical
treatment of a partial Achilles tendon tear in 1997. None of the conditions could be adequately
rehabilitated to meet the physical requirements of his Military Occupational Specialty (MOS) or
satisfy physical fitness standards. He was issued a permanent U3L3S4 profile and referred for a
Medical Evaluation Board (MEB). The MEB forwarded delusional disorder (persecutory type),
right elbow pain and chronic left ankle pain to the Physical Evaluation Board (PEB) as medically
unacceptable IAW AR 40‐501. No other conditions appeared on the MEB’s submission. The
PEB adjudicated the delusional disorder as unfitting, rated 0% with application of the Veteran’s
Affairs Schedule for Rating Disabilities (VASRD), and right elbow pain and chronic left ankle pain
conditions as unfitting, rated 0% respectively, with application of the US Army Physical
Disability Agency (USAPDA) pain policy. The CI made no appeals, and was medically separated
with a 0% disability rating.
CI CONTENTION: “I had a delusional disorder and some physical problems, but the Army only
gave me a less than 30% rating.”
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. 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:
VA (18 Mos. Post‐Separation*) – All Effective Date 20021210
Condition
Service IPEB – Dated 20020716
Condition
Delusional Disorder
Right Elbow Pain
Chronic Left Ankle Pain
5099‐5003
5099‐5003
Code
9208
↓No Addi(cid:415)onal MEB/PEB Entries↓
Rating
0%
0%
0%
Combined: 0%
Code
9203
Delusional Disorder
Right Ulnar Neuropathy
Left Achilles Tendonitis
8599‐8516
5299‐5284
0% X 0 / Not Service‐Connected x 1
Combined: 80%
Rating
70%
10%
10%
Exam
20050620
20040601
20040601
20040601
*Delusional disorder first rated by VA decision 20050708, based on exam 30 months after separation, effective date 20021210
ANALYSIS SUMMARY: The Board makes note that the CI’s contended conditions are derived
from VA evaluations performed well after separation. Although these conditions and ratings
were assigned an effective date to the time of separation, the earliest VA rating examinations
underpinning them were performed 18 and 30 months after separation. The Board’s operative
instruction, DoDI 6040.44, specifies a 12‐month interval for special consideration to VA findings.
This does not mean that the
later VA evidence was disregarded, but the Board’s
recommendations are directed to the severity and fitness implications of conditions at the time
of separation. In this circumstance, therefore, the evidence from the record is assigned
significantly more probative value as a basis for the Board’s recommendations.
Delusional Disorder Condition. Although the PEB rating preceded the promulgation of the
National Defense Authorization Act (NDAA) 2008 mandate for DoD adherence to VASRD §4.129,
IAW DoDI 6040.44 and DoD guidance the Board must apply §4.129 to all relevant Board cases.
The salient question before the Board is whether the CI’s psychiatric condition meets the
§4.129 definition of “a mental disorder that develops in service as a result of a highly stressful
event [that] is severe enough to bring about the veteran’s release from active military service.”
Although the VA Compensation and Pension (C&P) exam performed remote from separation
suggests the unfitting delusional disorder condition may have resulted from exposure to
stressful events while deployed in 1991, the clinical record does not provide evidence this was
the case. The Board majority concludes that the application of §4.129 is not appropriate in this
case, and will premise its rating recommendation on the psychiatric acuity at separation. The
CI’s symptoms at the time of the MEB could best be described as moderate. The NARSUM
psychiatrist reported a history of self‐referral in November 2001 with complaints that certain
individuals were out to ruin his career. Paranoid thinking resulted in multiple congressional and
IG complaints that alleged unfair treatment from multiple units. He was assigned to three
different units over an 18 month year period of time. The CI related a fear that a hovering
helicopter was investigating him, that his phone lines were tampered with and that scratches
on his car were in the shape of eyes and were messages intended for him. He reported some
symptoms suggesting possible depression, including decreased sleep, diminished appetite
without weight loss and depressed mood, but declined medication for this. Mental status exam
(MSE) at the time of the initial self‐referral was reported to observe significant circumstantial
thought processing, paranoid content, dysphoric mood, suspiciousness and flat affect. The
NARSUM examiner indicated that there never was a history of suicidal or homicidal thoughts.
He recently divorced his wife of 11 years and was noted to display occasional isolation
behaviors such as keeping windows closed with curtains drawn, or rarely venturing far from his
room or off post. He was not working in his MOS because his chain of command did not think
he was capable. Once the CI was aware he would be getting out of the military, he became
calm and relieved. The examiner did not perform a formal MSE. The assessment was
delusional disorder, persecutory type, with definite impairment for social and industrial
adaptability. The GAF was 50, connoting serious symptoms or impairment. The examiner
concluded that there was no evidence of bizarre beliefs or delusions, his ability to function
socially was mildly affected, mood episodes were brief, and “his functioning is not impaired
other than by the direct impact of the belief system.” The CI’s performance report for the
period August 2001 to January 2002 documented a lack of enthusiasm and inspiration, poor
written communication skills, and repeated absences from formations and training. The overall
assessment by the senior rater was that his performance was unacceptable. Reports from the 2
prior years indicated a successful performance; he was deemed “fully capable” with no areas of
deficiency noted. The first VA evaluation in evidence was a mental health examination
performed on 28 August 2004 (22 months after separation). The CI was noted to be a very poor
historian and vague about his symptoms. He displayed no insight into his ongoing paranoid
symptoms, and felt like there was “some kind of game going on.” He experienced periods of
low mood and slept 3‐4 hours per night. Delusions included thinking his food was poisoned,
planes flying overhead were monitoring him and the TV was sending him messages. Suicidal
and homicidal ideations were absent, and he denied auditory or visual hallucinations. He had
never taken psychiatric medication and was unemployed. MSE showed normal speech and
orientation. Affect was blunted and concentration was poor. Short term memory was slightly
2 PD1200526
ideation or critical cognitive
impaired, and thinking was concrete. The assessment was psychosis, rule out schizophrenia.
The GAF was 45, connoting serious symptoms or impairment. An anti‐psychotic medication
was started. Follow‐up 2 months later indicated some depression symptoms, persistent sleep
difficulties because of waking up multiple times to check doors and windows, and persistence
of paranoid delusions. GAF was now 39, indicating some impairment in reality testing or
communication, or major impairment in several areas. The psychiatric C&P exam was not
performed until 20 June 2005. The examiner noted that the CI had been unable to work since
separation because of his mental health condition, and that there had never been remission in
symptoms since they began in 2000. He was receiving social security disability and living with
his mother. He avoided people due to his fear that they were hostile and could insert ideas in
to his mind. It was reported that since his time in Desert Storm in 1991 he experienced
nightmares and intrusive thoughts, but no flashbacks. He reported being easily startled, fear of
crowds, irritability and constant suspiciousness. MSE revealed normal orientation, but poor
concentration and short term memory. There was no evidence of hallucinations, sleep
impairment or panic attacks, but there was evidence of depression. He was somewhat
incoherent, but appeared to be logical and have reasonable thinking speed most of the time.
The GAF was 50, and the examiner opined that some, if not all, of his symptoms were related to
posttraumatic stress disorder (PTSD) stemming from his experiences in Desert Storm.
The Board directs attention to its rating recommendation based on the above evidence. There
was agreement that the requirements for a 70% rating at the time of separation were not met.
Although there was occupational impairment, there was not serious impairment in “most
areas” as dictated by that rating description. None of the 70% threshold symptoms such as
suicidal
impairment were present and no psychiatric
hospitalizations were required. The 70% rating by the VA was based on an evaluation that
documented a worsening condition, but that was performed well after separation. As
previously discussed, such delayed exams carry
in the Board’s
deliberations regarding rating at the time of separation; however the Board assigns significant
probative value in this case to the post‐separation employment history obtained from the two
VA exams. Board members agreed that the §4.130 threshold for a 10% rating were well‐
exceeded at the time of separation, and the deliberation settled on arguments for a 30% versus
a 50% rating recommendation. The general description in §4.130 for a 50% rating is
“occupational and social impairment with reduced reliability and productivity.” The VA exams
confirmed that the CI could not work since the time of separation because of his psychiatric
condition, while his pre‐separation performance was deemed “unacceptable” by a senior rater.
The Board debated the inconsistency of the NARSUM examiner’s statements that the CI had
become “calm and relieved” and “his functioning is not impaired…” with a GAF score indicating
serious impairment. The 30% rating description (“occupational and social impairment with
occasional decrease in work efficiency and intermittent periods of inability to perform
occupational tasks”) is not a convincing fit with the occupational functioning in evidence, since
there is no indication that decrease in work efficiency was “occasional” or that occupational
impairment was “intermittent.” After due deliberation, considering all of the evidence and
mindful of VASRD §4.3 (reasonable doubt), the Board recommends a disability rating of 50% for
the delusional disorder condition.
Right Elbow Pain Condition. The right hand dominant CI underwent right ulnar nerve
decompression surgery in November 2000 to alleviate finger numbness and elbow pain due to
compression of the ulnar nerve at the elbow. Symptoms improved, but intermittent numbness
in the little finger and marked tenderness at the elbow persisted. Electrophysiological testing
on 26 November 2001 showed no evidence of ulnar neuropathy. An orthopedic examiner 10
months prior to separation documented ROM of the elbow as “full.” On 3 April 2002, the MEB
examiner reported that the CI was unable to rest his elbow on a desk, fire a weapon from the
prone position or lift more than 10 pounds due to elbow pain. Examination noted a well‐healed
surgical incision of the inner elbow and full range of elbow motion, although specific
little probative value
3 PD1200526
measurements were not provided. Tenderness of incisional area and evidence of ulnar nerve
sensitivity were present. Sensation in the distribution of the ulnar nerve was normal. At the
C&P exam 18 months after separation, the CI reported some weakness of his hand and elbow,
numbness of the ring and little fingers and some pain around the surgical incision. Examination
revealed tenderness of the scar area and normal motor strength and sensation.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB assigned a 0% rating under an analogous 5003 code (degenerative arthritis) with
application of the USAPDA pain policy. The VA’s 10% rating using an analogous 8516 code was
based on a judgment of “mild” incomplete paralysis of the ulnar nerve. Although there was no
apparent limitation of elbow motion, the Board agreed that there was sufficient evidence of
pain with use, supported by objective examination findings, to justify a minimal compensable
rating with application of §4.40. Board members also agreed that the next higher 30% rating
under the ulnar nerve rating pathway was not justified. 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 right elbow pain condition.
Chronic Left Ankle Pain Condition. The CI suffered from presumed left Achilles tendinitis for
several months during 1997, but a magnetic resonance imaging (MRI) study in early 1998
showed a partial Achilles tendon tear. This was treated with immobilization and resulted in
complete tendon healing, as shown by a follow‐up MRI in May 1998; but pain with certain
activities persisted.
Left Ankle ROM
Ortho ~8 Mos. Pre‐Sep
VA C&P ~18 Mos. Post‐Sep
Dorsiflexion (0‐20⁰)
Plantar Flexion (0‐45⁰)
Comment
“Full ROM”
+Tenderness
20⁰
35⁰
+Tenderness
§4.71a Rating
10%
10%
At the NARSUM exam the CI reported constant pain at the insertion of the Achilles tendon into
the heel bone. Pain and early morning stiffness improved somewhat over the course of the
day. He could perform no jumping and could not complete a two mile run. Examination
revealed a normal gait. Tenderness at the site of the tendon insertion was present. Strength
was normal and there was no indication of tendon tear. X‐rays of the ankle were normal. At
the VA exam, the CI reported the persistence of moderate pain that worsened with any kind of
vigorous activity. He took pain medication for flare ups. Examination revealed tenderness at
the site of tendon insertion and intense pain when the tendon was tested with a reflex
hammer.
The Board directs attention to its rating recommendation based on the above evidence. The
PEB assigned a 0% rating under an analogous 5003 code (degenerative arthritis) with
application of the USAPDA pain policy. The VA assigned a 10% rating under an analogous 5284
code (foot injuries, other), concluding that the injury was “moderate.” Although there was no
compensable limitation of ankle motion, the Board agreed that there was sufficient evidence of
pain with use, supported by objective examination findings, to justify a minimal compensable
rating with application of §4.40. Board members agreed that there was no pathway under
applicable ankle or foot codes to a rating higher than 10%. 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 chronic left ankle pain condition.
4 PD1200526
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 the USAPDA pain policy for rating right elbow pain and left ankle pain was operant
in this case and the conditions were adjudicated independently of that policy by the Board. In
the matter of the delusional disorder condition, the Board by a vote of 2:1 recommends that
§4.129 should not be applied, and therefore premises its rating recommendation on the
psychiatric acuity only at the time of separation. The single voter for dissent, who
recommended invoking §4.129 and a 6‐month constructional TDRL period, did not elect to
submit a minority opinion. The Board unanimously recommends a disability rating of 50%,
coded 9208 IAW VASRD §4.130. In the matter of the right elbow pain condition, the Board
unanimously recommends a disability rating of 10%, coded 5099‐5003 IAW VASRD §4.130. In
the matter of the chronic left ankle pain condition, the Board unanimously recommends a
disability rating of 10%, coded 5099‐5003 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; and, that the discharge with severance pay be recharacterized to reflect permanent
disability retirement, effective as of the date of his prior medical separation:
UNFITTING CONDITION
VASRD CODE RATING
9208
5099‐5003
5099‐5003
COMBINED
50%
10%
10%
60%
Delusional Disorder
Right Elbow Pain
Chronic Left Ankle Pain
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120603, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
5 PD1200526
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for XXXXXXXXXXXXXXXXXXX, AR20120022710 (PD201200526)
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 recharacterize the individual’s
separation as a permanent disability retirement with the combined disability rating of 60%
effective the date of the individual’s original medical separation for disability with severance
pay.
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:
a. Providing a correction to the individual’s separation document showing that the
individual was separated by reason of permanent disability retirement effective the date of the
original medical separation for disability with severance pay.
b. Providing orders showing that the individual was retired with permanent disability
effective the date of the original medical separation for disability with severance pay.
c. Adjusting pay and allowances accordingly. Pay and allowance adjustment will
account for recoupment of severance pay, and payment of permanent retired pay at 60%
effective the date of the original medical separation for disability with severance pay.
d. Affording the individual the opportunity to elect Survivor Benefit Plan (SBP) and
medical TRICARE retiree options.
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
XXXXXXXXXXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
6 PD1200526
CF:
( ) DoD PDBR
( ) DVA
7 PD1200526
AF | PDBR | CY2009 | PD2009-00154
Unfitting ConditionsCodeRatingDateConditionCodeRatingExamEffectiveResiduals of a Left Elbow Injury500310%Residual, Left Elbow Comminuted Avulsion Fracture of the Olecranon with Degenerative Arthritis (Claimed as Left Elbow and Left Arm Conditions)5003-520550%2007040320070124Left elbow degenerative joint disease (PEB)FIT---Ulnar Nerve Neuropathy With Chronic Reflex Sympathetic Dystrophy, Left Elbow (Claimed as Left Hand Condition, 4th and 5th Digits) Associated with Residual, Left Elbow...
AF | PDBR | CY2010 | PD2010-00719
His treatment included medications, physical therapy, subacromial and nerve root injections, and three arthroscopic surgeries, without significant improvement. The PEB rated the shoulder condition as a muscle injury IAW §4.73, while the VA used §4.71a to rate the condition for impairment of the clavicle or scapula. These conditions likely contributed to the CI’s overall shoulder impairment, however, and are considered in the Board’s recommendations.
AF | PDBR | CY2013 | PD-2013-02202
At TDRL entry, the PEB rated the condition of conversion disorder, coded 9424, at 10%. The Board further recommends a 30% permanent disability rating for the condition of somatization disorder. TDRL neurology removal examination dated 3 February 2006, approximately 17 months after TDRL entry, recorded decreased sensory in left digits four and five, and pain on palpation of the surgical scar.
AF | PDBR | CY2012 | PD 2012 01064
The Physical Evaluation Board (PEB) adjudicated the bilateral heel and right shoulder pain as one unfitting condition, rated 10% with application of the US Army Physical Disability Agency (USAPDA) pain policy. Post-Separation) All Effective Date 20020105 Condition Code Rating Condition Code Rating Exam Chronic Bilateral Heel Pain & Chronic Right Shoulder Pain 5099-5003 10% Left Achilles Tendon (Haglunds Deformity) 5299-5271 20%** 20020620 Right Achilles Tendon...
AF | PDBR | CY2011 | PD2011-00614
Shoulders (Left and Right) Condition . In the matter of the “pain left elbow, left wrist, shoulders (bilateral), and left knee; (sleep disruption)” condition, the Board unanimously recommends that the left wrist condition and sleep disorder be determined as not unfitting, and that it be rated for multiple separate unfitting conditions as follows: left elbow condition coded 8616, rated 10% IAW VASRD §4.124a and VASRD §4.71a. Right Shoulder (Major) Pain with Recurrent...
AF | PDBR | CY2012 | PD2012 01213
No other conditions were submitted by the MEB.ThePEBadjudicated left elbow pain with a history of left CTS and ulnar nerve decompression in March 2003 as unfitting, rated 10%citing criteria of the US Army Physical Disability Agency (USAPDA) pain policyand Veterans Affairs Schedule for Rating Disabilities (VASRD).The remaining condition was determined to be not unfitting.The CI made no appeals and was medically separatedwith thatdisability rating. Other x 720040304 Combined: 10% Derived from...
AF | PDBR | CY2011 | PD2011-00846
SUMMARY OF CASE : Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty AT2/E-5 (9502 / Instructor), medically separated for a left ankle condition. Continued Ankle Pain Despite Three Surgeries Condition . He had a total of three LIMDU’s with the following documented diagnoses; the first left ankle fracture, the second left ankle fracture and left Achilles tendonitis and the third left ankle pain.
AF | PDBR | CY2010 | PD2010-00982
The Board evaluates DVA evidence proximal to separation in arriving at its recommendations, but its authority resides in evaluating the fairness of DES fitness decisions and rating determinations for disability at the time of separation. The Board also acknowledges the CI's contention suggesting that service ratings should have been conferred for other conditions documented at the time of separation and for conditions not diagnosed while in the service (but later determined to be...
AF | PDBR | CY2011 | PD2011-00852
The Board must apply separate codes and ratings in its recommendations if compensable ratings for each condition are achieved IAW the VASRD. In the matter of the left elbow tendonitis condition, the Board unanimously recommends a service disability rating of 10%, coded 5099-5024 IAW VASRD §4.71a. The pertinent military records of the Department of the Air Force relating XXXXX, be corrected to show that the diagnosis in his finding of unfitness was Tricep Tenonitis Left Elbow, VASRD Code...
AF | PDBR | CY2012 | PD2012 00323
The PEB adjudicated the right CTS, and the chronic pain, neck and right kneeconditions as two unfitting conditions, rated 10% and 10%, with application of the Veteran’s Affairs Schedule for Rating Disabilities (VASRD),and the US Army Physical Disability Agency (USAPDA) pain policy.The remaining conditions were determined to be not unfitting.The CI made no appeals and was medically separated with a 20% disability rating. Results of this EMG recorded mild bilateral CTS, chronic on left and...