BOARD DATE:  3 February 2020

		DOCKET NUMBER:  AR20170006361


APPLICANT REQUESTS:  Correction of his DD Form 199 (Informal Physical Evaluation 
Board (PEB) Proceedings) to show he was assigned a Department of Veterans Affairs 
(VA) Schedule for Rating Disabilities (VASRD) diagnostic code (DC) of "8045" instead 
of "9411."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	VA Disability Evaluation System (DES) Proposed Rating, dated 17 January 2017
*	DA Form 199, dated 25 January 2017

FACTS:

1.  The applicant states the VASRD DC shown on his DA Form 199 is incorrect.

2.  The applicant enlisted in the Regular Army on 22 August 2003.

3.  The applicant's VA DES Proposed Rating document shows the VA assigned him a 
VASRD DC of 8100 for his diagnosis of migraine headaches with post-traumatic 
headaches, occipital neuralgia.  

4.  On 25 January 2017, a PEB found the applicant unfit for the performance of his 
military duties due to a diagnosis of post-traumatic headaches, occipital neuralgia with 
migraine headaches.  His DA Form 199 shows he was assigned a VASRD DC of 9411 
for this medical condition.  

5.  The applicant was retired on 27 February 2017 by reason of permanent physical 
disability.

6.  On 13 December 2019, the U.S. Army Physical Disability Agency (USPDA) legal 
advisor provided an advisory opinion.  The advisory opinion states:

	a.  The VA rated the applicant's headache condition as migraine headaches with 
post-traumatic headaches occipital neuralgia assigning it DC 8100.  This code was not 
used by the PEB based on the Medical Evaluation Board's determination of having no 
residuals from the traumatic brain injury (TBI) which caused the headaches.  However, 
the VA's description of the rated condition does rate the condition under DC 8100.

	b.  The applicant opines that his VASRD DC should be 8045.  The rationale that 
the applicant uses is that he believes DC 8045 better addresses his headache 
condition because the condition is a residual of a TBI from his motorcycle accident.  The 
PEB is required to adopt the rating and diagnostic code that the VA sets for the unfitting 
condition.  In this instance, the VA assigned DC 8100 to the unfitting condition; 
however, the PEB assigned DC 9411.  Both conditions are rated at 30 percent.

	c.  The VASRD uses DC 8045 for conditions with memory, attention, 
concentration, and executive function issues.  The DC that specifically addresses the 
symptoms described in the applicant's PEB would be DC 8100 due to the migraine 
headaches being the unfitting condition.  Due to the above, the USAPDA finds the 
applicant's request to be legally sufficient in that the listed DC on his DA Form 199 
should be amended.  Due to the above, the USAPDA find the applicant's request to be 
legally insufficient in that the listed DC on his DA Form 199 should be DC 8100 not DC 
8045.

7.  The applicant was provided a copy of the advisory opinion on 20 December 2019 
and given an opportunity to submit comments.  He did not respond.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined 
partial relief was warranted.  Based upon the findings of the medical advisory, the Board 
concluded there were errors in the record that warrant review and possible correction.  
As a result, the Board recommended forwarding the applicant’s record to the Office of 
the Surgeon General for review and possible correction.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X 		GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by referring 
her records to the Office of The Surgeon General for review to determine if the disability 
evaluation she received from the Army accurately depicted her conditions as they 
existed at the time.  

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to Correction of his DD Form 199 (Informal Physical 
Evaluation Board (PEB) Proceedings) to show he was assigned a Department of 
Veterans Affairs (VA) Schedule for Rating Disabilities (VASRD) diagnostic code of 
"8045" instead of "9411."
.
		  
I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.

REFERENCES:

1.  Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or 
Separation) prescribes Army policy and responsibilities for the disability evaluation and 
disposition of Soldiers who may be unfit to perform their military duties due to physical 
disability.  Paragraph 5-21 states disabilities determined to be unfitting and 
compensable will be rated in accordance with the VASRD.  This rating will generally be 
determined by the VA Disability Evaluation System Rating Activity.  

2.  Title 38, Code of Federal Regulations, Book C, Schedule for Rating Disabilities,
provides guidance on the VASRD, which lists the detailed requirements for assigning 
disability ratings to conditions for military disability, assigning a four-digit VASRD Code 
to each condition or analogous symptom of a condition and regulating the amount of 
compensation received for each disability.



	a.  Section 4.1 states the rating schedule is primarily a guide in the evaluation of 
disability resulting from all types of diseases and injuries encountered as a result of or 
incident to military service.  The percentage ratings represent as far as can practicably 
be determined the average impairment in earning capacity resulting from such diseases 
and injuries and their residual conditions in civil occupations.  Generally, the degrees of 
disability specified are considered adequate to compensate for considerable loss of 
working time from exacerbations or illnesses proportionate to the severity of the several 
grades of disability.  For the application of this schedule, accurate and fully descriptive 
medical examinations are required, with emphasis upon the limitation of activity 
imposed by the disabling condition.  Over a period of many years, a veteran’s disability 
claim may require re-ratings in accordance with changes in laws, medical knowledge 
and his or her physical or mental condition.  It is thus essential, both in the examination 
and in the evaluation of disability, that each disability be viewed in relation to its history.

	b.  VASRD DC 8045 is used for residuals of TBI.

	c.  VASRD DC 8100 is used for migraine.

	d.  VASRD DC 9411 is used for post-traumatic stress disorder.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20170006361


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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