1. The applicant requests that his military records be corrected to show that he was retired by reason of physical disability. He states he was in a mental institution for almost four years and none of the mail from the Army made it to him until after he was discharged.
2. The applicants military records show that he enlisted in the Army on 1 April 1975. He completed basic training and advanced individual training and was awarded military occupational specialty 11B (Infantryman).
3. On 8 August 1983, a Medical Evaluation Board diagnosed him with schizophrenia, paranoid type, manifested by auditory hallucinations, persecutory delusions and delusions of reference and alcohol dependence. On 30 September 1983, a Physical Evaluation Board (PEB) found him unfit by reason of schizophrenia, paranoid type complicated by alcohol dependence at a rating of 70 percent and bronchiecstasis at a rating of 10 percent. His impairment was of such a nature that evaluation of a permanent degree of severity was not possible at that time. He was placed on the Temporary Disability Retired List on 9 November 1983.
3. On 14 September 1989, the applicant was removed from the TDRL effective 10 November 1988, for failing to appear for scheduled medical examinations, without entitlement to benefits.
4. The applicant has provided a document to show he was hospitalized in the Mental Health Division, Oregon State Hospital, from 26 January 1989 until his conditional discharge on 4 February 1992. Phone conversation between an examiner from this Board and the Portland, OR VA Field Station revealed his admittance on 26 January 1989 was due to a revocation of an earlier conditional release. There was no further definite data on when the applicant first came under the purview of the Oregon State Hospital.
5. Army Regulation 635-40 provides in pertinent part that an individual may be placed in a TDRL status for a maximum period of 5 years when it is determined that the individual is qualified for disability retirement under Title 10, U.S. Code, section 1201, but for the fact that his or her disability is not stable and the individual may recover and be fit for duty or the degree of severity may increase or decrease so as to warrant a change in the disability rating. (Individuals in TDRL status are entitled to one half of their basic pay regardless of the disability rating).
6. Title 10, U.S. Code, section 1210(h) provides that the disability pay of a member whose name is on the TDRL terminates upon the expiration of 5 years after the date when his or her name was placed on that list.
7. Title 38, U. S. Code, sections 310 and 331, permits the VA to provide treatment and to award compensation for disabilities which were incurred in or aggravated by active military service.
CONCLUSIONS:
1. The applicant was properly removed from TDRL status in accordance with law and regulation; however, in view of his contentions, evidence in his VA records and in the interest of justice, it would be appropriate to afford him the opportunity to undergo a medical evaluation in order to determine an appropriate Army disability rating at the time he was removed from that status.
2. In view of the foregoing findings and conclusions, it would be in the interest of justice to correct the applicants records as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by:
a. affording the individual concerned the opportunity to undergo a TDRL medical evaluation as soon as possible; and
b. by referring the results of the TDRL medical evaluation to the U.S. Army Physical Disability Agency for appropriate disposition.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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