RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01575
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20040121

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E4, Helicopter Electrical Repairer, medically separated from the Temporary Disability Retired List (TDRL) for “schizophrenia,” rated at 0%.

CI CONTENTION:  “Review all conditions.”  The CI’s complete submission is at Exhibit A.  

SCOPE OF REVIEW:  The Board’s scope of review is defined in DoDI 6040.44.  It is limited to those conditions determined by the Physical Evaluation Board (PEB) to be unfitting for continued military service and when specifically requested by the CI, those conditions identified by the PEB, but determined to be not unfitting.  Any conditions outside the Board’s defined scope of review and any contention not requested in this application may remain eligible for future consideration by the Board for Correction of Military Records.  Furthermore, the Board’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The Board’s assessment of the PEB rating determinations is based on review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation.  The Board has neither the role nor the authority to compensate for post-separation progression or complications of service-connected conditions.  That role and authority is granted by Congress to the Department of Veterans Affairs, operating under a different set of laws.  The Board gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of the disability at the time of separation.  

RATING COMPARISON:  

SERVICE PEB – 20020123/20031211	VARD - 	
Condition	Code	Rating	Condition	Code	Rating
Proximate	
		TDRL
Placement	TDRL Removal			TDRL
Placement	TDRL
Removal	
Schizophrenia	9203	30%	0%	No VA examination in evidence	
Alcohol Dependence	Not Unfitting		
COMBINED RATING:  30% → 0%	COMBINED RATING OF ALL VA CONDITIONS:	

ANALYSIS SUMMARY:  

Schizophrenia. According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), in 2000, the CI developed symptoms of daily auditory hallucinations which increased during times of stress accompanied with fragmented sleep, weight loss and thoughts of death.  The symptoms were accompanied by declining duty performance and he presented for care in November 2000.  At the time of his initial hospitalization at Walter Reed, there was no history of traumatic stress, which may have caused his symptoms, and he was diagnosed with schizophrenia.  Despite treatment with medication and psychotherapy, the CI’s schizophrenia condition did not improve sufficiently to meet the requirements of the CI’s military specialty and he was referred for an MEB.  The MEB forwarded “schizophrenia, paranoid type” for PEB adjudication.  On 27 August 2003, 16 months after placement on TDRL and 5 months prior to TDRL removal, the CI reported he was fully employed as a laborer moving engine parts at a warehouse.  The CI discontinued his medication, the year prior because he “ran out.”  The CI stated he was “doing great.  He denied any legal or occupational dysfunction, loss time from work or psychiatric care.  He denied any auditory or visual hallucinations since his admission that resulted in the 2001 PEB.  The CI denied any suicidal or homicidal ideation.  The mental status examination showed his speech was of normal rate, rhythm, volume and tone.  His thought processes were linear, logical and goal-directed.  The CI’s judgement and insight were good.  The examiner annotated the diagnosis as schizophrenia, paranoid type in remission.  There was no VA Compensation and Pension evaluation proximate to separation in evidence.

The Board directed attention to its rating recommendation based on the above evidence.  At TDRL removal the PEB rated the schizophrenia condition 0%, coded 9203 citing that the CI had not received any psychiatric care while on TDRL, was not using any medications, worked full time and lived with his parents.  Board members agreed the evidence did not support a 10% rating for occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication. Although the CI’s mental condition had been formally diagnosed, the symptoms were no longer severe enough, or even present to interfere with occupational and social functioning or to require continuous medication.  The CI admitted to not taking any medication for over a year or having any psychiatric care.  The CI also admitted to “doing great” and not losing any time from work.  The mental examination supported the subjective reports.  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 TDRL removal rating for the schizophrenia condition.  

Contended PEB Conditions:  Alcohol Dependence.  The Board’s main charge is to assess the fairness of the PEB’s determination that the contended condition was not unfitting.  The contended condition was not profiled or implicated in the commander’s statement or judged to fail retention standards.  There was no performance-based evidence from the record that the condition significantly interfered with satisfactory duty performance at separation.  After due deliberation, the Board concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the contended condition and so no additional disability rating is recommended.  

BOARD FINDINGS:  In the matter of the schizophrenia, paranoid type condition and IAW VASRD §4.130, the Board unanimously recommends no change in the PEB TDRL removal adjudication.  In the matter of the contended alcohol dependence condition, the Board unanimously majority agrees that it cannot recommend it for additional disability rating.  There were no other conditions within the Board’s scope of review for consideration.  The Board, therefore, recommends that there be no re-characterization of the CI’s disability and separation determination.  

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150624, w/attachments
Exhibit B.  Service Treatment Record

AR20170006642, XXXXXXXXXXXXXXXXXX 

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Dear XXXXXXXXXXXXXXXXXX:

	The Department of Defense Physical Disability Board of Review (DoD PDBR) reviewed your application and found your separation disability rating and your separation from the Army for disability with severance pay to be accurate.  I have reviewed the Board’s recommendation and record of proceedings (copy enclosed), and I accept its recommendation.  I regret to inform you that your application to the DoD PDBR is denied.  

	This decision is final.  Recourse within the Department of Defense or the Department of the Army is exhausted; however, you have the option to seek relief by filing suit in a court of appropriate jurisdiction.

Sincerely,					       
						      					
Enclosure