RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
interim reevaluation
NAME: XXXXXXXXXXXXXX BRANCH OF SERVICE: ARMY
CASE NUMBER: PD1200596 DATE OF PLACEMENT ON TDRL: 19971010
BOARD DATE: 20121213 DATE OF PERMANENT SEPARATION: 20011031
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty, PFC/E‐3 (92A/Logistics), medically separated for
conversion disorder which began in 1997 in association with the stresses of her job. The CI did
not improve adequately with treatment to meet the physical requirements of her Military
Occupational Specialty (MOS) or satisfy physical fitness standards. She was issued a permanent
S4 profile and referred for a Medical Evaluation Board (MEB). The MEB forwarded conversion
disorder, with seizures or convulsions, and major depressive disorder to the Physical Evaluation
Board (PEB) as medically unacceptable IAW AR 40‐501. Histrionic personality disorder and
urinary tract infection, identified in the rating chart below, were also identified and forwarded
by the MEB as medically acceptable conditions. The PEB adjudicated the conversion disorder
condition as unfitting, rated 30%, and placed the CI on the Temporary Disability Retired List
(TDRL). The major depression and urinary tract conditions were adjudicated as not unfitting
and not ratable; and histrionic personality disorder as not ratable. She was continued on TDRL
with an
in 1999, and then underwent a final evaluation after
approximately 3½ years on TDRL. At that time the PEB determined her condition to be in
remission, and adjudicated conversion disorder as permanently unfitting, rated 0% with
application of the Veterans Administration Schedule for Rating Disabilities (VASRD). The CI
made no appeals, and was medically separated with a 0% disability rating.
CI CONTENTION: “Discharged before available date of 2001. Do need help, have MS.”
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. Multiple sclerosis is 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.
TDRL RATING COMPARISON:
Service IPEB – Dated 20010803
VA – All Effective Date 19971010
Condition
Code
On TDRL – 19971010
Conversion Disorder
Major Depressive Disorder
Histrionic Personality Disorder
Urinary Tract Infection
9424
Rating
TDRL
Sep.
30%
0%
Not Unfitting
Not Ratable
Not Unfitting
↓No Additional MEB/PEB Entries↓
Combined: 0%
Condition
Conversion Disorder
Code
9424
Rating
30%*
Exam
19980903
No VA Entry
Not Service Connected x 1
Combined: 30%
19980903
*VA decision 20081218 increased to 50% effective 20080930; combined 50%
in DoDI 6044.40, however, resides
ANALYSIS SUMMARY: The Board acknowledges the sentiment expressed in the CI’s application
regarding the significant impairment with which her service‐incurred condition continues to
burden her. It is a fact, however, that the Disability Evaluation System (DES) has neither the
role nor the authority to compensate members for anticipated future severity or potential
complications of conditions resulting in medical separation. This role and authority is granted
by Congress to the Department of Veterans’ Affairs (DVA). 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 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.
Conversion Disorder Condition. The Board first addressed if the tenants of §4.129 (Mental
disorders due to traumatic stress) were applicable. The Board noted that there was no “highly
stressful event” for which provisions of §4.129 would apply, and therefore concludes that its
application is not appropriate to this case. Consequently, the rating recommendation for the
time of placement on the TDRL will not automatically reflect the 50% minimum as required
under §4.129. At the time of entry onto TDRL, the CI’s symptoms could best be described as
moderate. While stationed in Korea, she was hospitalized on 13 June 1997 due to episodes of
passing out and symptoms of depression and panic attacks. She was then air evacuated to
Walter Reed Army Medical Center (WRAMC) on 22 June 1997 for inpatient evaluation and
treatment of possible posttraumatic stress disorder (PTSD) and dysthymia. She reported a
history of episodic shakiness, rapid breathing, dizziness, lightheadedness and anxiety, followed
by brief periods of confusion, grogginess and exhaustion. Depression symptoms included
crying, social withdrawal, decreased energy, diminished appetite with weight loss, sleep
difficulty and fatigue. She also endorsed intrusive thoughts, nightmares and increased arousal.
During her hospitalization at WRAMC, it was determined that the episodes of shaking and
“passing out” were not due to a seizure disorder; these “pseudoseizures” were a manifestation
of a conversion reaction (the conversion of mental conflict into somatic symptoms). Her
condition rapidly improved with multiple modes of treatment. Mental status examination
(MSE) at the time of hospital discharge (3 months prior to placement on TDRL) noted the CI to
be alert and oriented, and appropriate in conversation and behavior. Affect range was full; she
was often noted to be smiling and pleasant, which was incongruent with her stated mood of
sadness. Thought processes were linear without evidence of hallucinations or delusions. There
was no evidence of suicidal ideation. The assessment was a stable conversion disorder, and a
single moderate major depressive episode. Complicating the clinical picture was an additional
diagnosis of personality disorder (a characterological condition which may be unsuiting for
military service, but is not a compensable disability). PTSD was not a diagnosed condition. The
Global Assessment of Functioning (GAF) was 70 (connoting mild symptoms or impairment). The
impairment for social and industrial adaptability due to the conversion disorder and personality
disorder was considered to be “definite,” and for major depressive disorder, “mild.” She was
discharged from the hospital on one psychotropic medication. At the VA Compensation and
Pension (C&P) exam on 3 September 1998 (10 months after placement on the TDRL) the CI
reported maintaining clerical employment for only 4 months due in part to episodes of passing
out. She delivered a premature baby in July 1998 and lived alone. Psychotropic medication use
was not mentioned, but later examiners stated she discontinued the antidepressant medication
soon after discharge from WRAMC. MSE noted coherent speech and no evidence of thought
disorder. Dress and grooming were casual. Memory was intact and she did not appear anxious
or depressed. Because records were not available to the examiner, a provisional diagnosis of
conversion disorder was made, and the presence of a personality disorder was acknowledged.
Her GAF, estimated to be in the range of 50‐65 (serious to mild symptoms or impairment), was
“apparently due to her personality.” At an interim narrative summary (NARSUM) on 16 July
1999 (21 months after placement on TDRL, 27 months prior to permanent separation) the CI
2 PD1200596
reported no fainting spells or seizure‐like activity since the birth of her daughter, who was now
a year old. She recently began part time work as a child care provider and lived in an
apartment with her child. She went out with friends once a week and spent time with
girlfriends. Since being on TDRL she had received no psychiatric treatment and was taking no
psychotropic medication. She reported feeling tired constantly, and endorsed decreased
energy and intermittent depressed mood. MSE noted normal speech, well organized thoughts
without evidence of delusions, reactive and appropriate affect and intact memory. The
assessment was conversion disorder in remission and major depressive disorder in partial
remission. Personality disorder features were not evident in the interview. The GAF was 65
(mild symptoms or impairment). At a VA psychiatric C&P exam on 24 January 2001 (9 months
prior to permanent separation), the CI had no complaints and had not received any further
psychiatric care. Her last pseudo‐seizure was 2 years previously. She was employed on a part
time basis as a child care provider at a school, a position she held for over two years. MSE
revealed an even mood with shallow affect. Thought processes were relevant and coherent,
and there was no evidence of cognitive dysfunction. The assessment was cognitive disorder in
remission, and the GAF was 75 (transient, no more than slight symptoms or impairment). The
final NARSUM on 25 April 2001 (6 months prior to permanent separation) reported the CI lived
in an apartment with her 2½ year old daughter and was employed as the apartment manager
where she lived. She was taking no medications. A recent diagnosis of mild cerebral palsy
given to her daughter was causing the CI some stress and poor sleep. She kept in touch with
her parents and was dating a man for 1½ years. Episodes of feeling “a little dizzy” resolved with
sitting or lying down. She denied any recurrence of seizures. MSE noted normal orientation.
She was neatly dressed and well‐groomed. She displayed a cooperative attitude with
appropriate affect and congruent mood. Speech was normal and thought processes linear. The
assessment was conversion disorder in remission, major depressive disorder in partial
remission and personality disorder features that were not evident. The assigned GAF was 65.
Impairment for civilian social and industrial adaptability was considered moderate.
The Board directs attention to its rating recommendation based on the above evidence. At the
time of entry on TDRL, the PEB and the VA assigned a 30% rating. All members agreed that the
§4.130 criteria for a rating higher than 30% were not met at the time of placement on TDRL.
With regard to a permanent rating at the time of removal from the TDRL, the evidence from the
examinations at the time showed significant, sustained improvement, and Board members
agreed that criteria for a 30% rating were not met. Therefore, Board deliberations centered on
a 0% versus a 10% rating. The PEB assigned a 0% permanent rating, stating the conversion
disorder condition was in remission without medication or psychotherapy. The general
description for a §4.130 rating of 10% is “occupational and social impairment due to mild or
transient symptoms;” and for a 0% rating “symptoms are not severe enough either to interfere
with occupational and social functioning or to require continuous medication.” The VA and
NARSUM exams prior to permanent separation documented an absence of conversion disorder
symptoms, and no noticeable social or occupational impairment in the context of receiving no
psychiatric care and taking no psychotropic medication. All Board members agreed that this
condition more nearly approximated the criteria for the 0% rating. After due deliberation,
considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board
concluded that there was insufficient cause to recommend a change in the PEB adjudication for
the conversion 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. 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 conversion disorder condition and IAW VASRD §4.130, the
3 PD1200596
Board unanimously recommends no change in the PEB adjudication. There were no other
conditions within the Board’s scope of review for consideration.
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CI’s disability and separation determination.
UNFITTING CONDITION
VASRD CODE
RATING
TDRL PERMANENT
30%
30%
0%
0%
9424
COMBINED
Conversion Disorder
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120619, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans’ Affairs Treatment Record
XXXXXXXXXXXXXX, DAF
President
Physical Disability Board of Review
SFMR‐RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD‐ZB / XXXXXXXX), 2900 Crystal Drive, Suite 300, Arlington, VA 22202‐3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation for
XXXXXXXXXXXXXX, AR20130000102 (PD201200596)
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 and hereby deny the individual’s application.
This decision is final. The individual concerned, counsel (if any), and any Members of Congress
who have shown interest in this application have been notified of this decision by mail.
BY ORDER OF THE SECRETARY OF THE ARMY:
4 PD1200596
Encl
XXXXXXXXX
Deputy Assistant Secretary
(Army Review Boards)
CF:
( ) DoD PDBR
( ) DVA
5 PD1200596
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