RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: XXXXXXXXXXXXXXXXXX CASE: PD1201565
BRANCH OF SERVICE: ARMY BOARD DATE: 20130320
SEPARATION DATE: 20080527
SUMMARY OF CASE: Data extracted from the available evidence of record reflects that this
covered individual (CI) was an active duty SPC/E-4 (68P/Radiology Technician) medically
separated for bipolar disorder (BPD). She was initially diagnosed with premenstrual dysphoric
disorder (PMDD). In 2007, her psychiatrist noted significant worsening of symptoms, and
changed the diagnosis to BPD. She was treated, but did not improve adequately to fully
perform her military duties. She was issued a permanent profile and referred for a Medical
Evaluation Board (MEB). Bipolar disorder was forwarded to the Physical Evaluation Board (PEB)
IAW AR 40-501. The MEB also forwarded four other conditions (patellofemoral syndrome,
chronic right rotator cuff sprain, migraine headaches, and mild hypercholesterolemia), judged
to meet retention standards. The Informal PEB (IPEB) adjudicated bipolar disorder as an
unfitting condition not service incurred or permanently aggravated and therefore ineligible for
disability compensation. The remaining conditions were determined to be not unfitting and
therefore not ratable. The CI appealed to the Formal PEB (FPEB) stating that the board finding
of existed prior to service (EPTS) was incorrect. Her appeal stated that she received no medical
treatment for depression prior to November 2005 and outlined the stressors of the military as
causing service aggravation. The FPEB changed the disability description to note she had no
manic episodes or formal diagnosis with treatment until after service entry. She was then
medically separated with a 10% disability rating.
CI CONTENTION: Physical Disability Evaluation Board combined rating and VA rating for the
same condition are inconsistent for same condition (VDRS code 9432).
SCOPE OF REVIEW: The Boards 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 disorder
condition is addressed below and no additional conditions are within the DoDI 6040.44 defined
purview of the Board. Any conditions or contention not requested in this application, or
otherwise outside the Boards defined scope of review, remain eligible for future consideration
by the Army Board for Correction of Military Records.
RATING COMPARISON:
Service FPEB Dated 20080131
VA - (4 Mos. Post-Separation)
Condition
Code
Rating
Condition
Code
Rating
Exam
Bipolar Disorder
9432
10%
Bipolar Disorder
9432
30%
20080922
Patellofemoral Syndrome
Not Unfitting
Chondromalacia Rt Knee
5260-5024
10%
20080922
Chronic Rt Rotator Cuff Sprain
Not Unfitting
Right Shoulder Pain
5201
20%
20080922
Migraine Headaches
Not Unfitting
Migraine Headaches
8100
30%
20080922
Mild Hypercholesterolemia
Not Unfitting
No VA Entry for Hypercholesterolemia
No Additional MEB/PEB Entries
Other x 1
20080922
Combined: 10%
Combined: 70%
Derived from VA Rating Decision (VARD) dated 20090202 (most proximate to date of separation [DOS]).
ANALYSIS SUMMARY:
Bipolar Disorder (BPD). The CI has a long history of psychiatric problems. During her teen years
she suffered from depression, irritability, and self-mutilation. After joining the Army, she was
diagnosed with PMDD, and was treated with anti-depressant medications. She then developed
symptoms of paranoia, restlessness, racing thoughts, and insomnia; alternating with
hyperphagia, memory loss, and crying spells. She was seen by psychiatry and was diagnosed
with BPD. Due to her psychiatric illness, an MEB was initiated. At her October 2007 psychiatric
visit, the CI appeared calm, had soft speech, and had mildly depressed mood. She denied
suicidal/homicidal behavior, or psychotic symptoms. She was cognitively intact. Global
Assessment of Functioning (GAF) was 60. As noted above, the CI was medically separated from
the Army in May 2008.
The Board carefully reviewed all evidentiary information available. The Board debated the
applicability of the Veterans Administration Schedule for Rating Disabilities (VASRD) §4.129 in
this case. The Board determined that the CIs psychiatric symptoms did not result from a highly
stressful event, and did not meet the implicit intent of VASRD §4.129. After much discussion,
the Board unanimously agreed that VASRD §4.129 did not apply in this case. The Board then
directed its attention to its rating recommendation, based on the evidence in the record.
The best source of information on which to base the psychiatric rating recommendation is the
September 2008 VA Compensation and Pension (C&P) exam performed just 4 months after
separation. At that time, she was working full time as a receptionist at a hospital. She was
married, and was raising three young children. Her medications included Zyprexa and Seroquel.
On examination, she was groomed and dressed normally. She related to the examiner in a
pleasant and cooperative manner. Speech was normal. She denied any flight of ideas or
pressured speech. She denied hallucinations or delusions, and there was no grandiosity. Affect
was appropriate, and she denied any suicidal or homicidal ideation. Her memory, fund of
knowledge, calculations, spelling, insight, and judgment were all good. GAF score was 57.
Were it not for her borderline personality disorder, her GAF would have been about five points
higher. It was clear that her symptoms were fairly mild and that the CI was functioning
reasonably well. This was evidenced by her good supportive employment, and her good family
relations. She enjoyed reading novels, watching television, and surfing the internet. With
regard to the psychiatric rating recommendation, all Board members agreed that 10% was
appropriate. The Board determined that the CIs mild symptoms would decrease work
efficiency and ability to perform certain tasks, only during periods of significant stress.
Therefore, 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 BPD 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 BPD and IAW VASRD §4.130, the Board unanimously
recommends no change in the PEB adjudication. There were no other conditions within the
Boards scope of review for consideration.
RECOMMENDATION: The Board, therefore, recommends that there be no recharacterization of
the CIs disability and separation determination, as follows:
UNFITTING CONDITION
VASRD CODE
RATING
Bipolar Disorder
9432
10%
COMBINED
10%
The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20120829, w/atchs
Exhibit B. Service Treatment Record
Exhibit C. Department of Veterans Affairs Treatment Record
xxxxxxxxxxxxxxxxxxx, DAF
Acting Director
Physical Disability Board of Review
SFMR-RB
MEMORANDUM FOR Commander, US Army Physical Disability Agency
(TAPD-ZB / xxxxxxxxxxxxx), 2900 Crystal Drive, Suite 300, Arlington, VA 22202-3557
SUBJECT: Department of Defense Physical Disability Board of Review Recommendation
for xxxxxxxxxxxxxxxxxxxxxxx, AR20130007482 (PD201201565)
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 Boards recommendation and hereby deny the individuals 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:
Encl xxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Deputy Assistant Secretary
(Army Review Boards)
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