RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01583
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20080407

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E4, Information System Operator/Analyst, medically separated for “psychotic disorder,” with a disability rating of 10%.

CI CONTENTION:  The CI contended his low back pain.  The 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 - 20080328	VARD - 	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Psychotic Disorder	9210	10%	No VA Claim	
Lower Back Pain	Not Unfitting 		
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  	

ANALYSIS SUMMARY:  

Psychotic Disorder.  According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI’s psychiatric condition began in December 2006.  The MEB forwarded “psychotic disorder not otherwise specified [NOS]” for PEB adjudication.  The MEB NARSUM examination on 14 May 2007, 11 months prior to separation, noted the CI was hospitalized for 1 week in January 2007 for psychosis.  At the time of admission he denied suicidal ideations except if his wife was deployed and harmed.  He denied depressed feelings, insomnia, anhedonia, decreased energy, concentration or change in appetite. He denied auditory/visual hallucinations, thought control or broadcasting or ideas of reference, and denied alcohol was a problem for him. The mental status examination showed the CI was not hostile, but behaved guarded.  Speech was noted as “somewhat pressured with mildly increased volume.”  A diagnosis of psychotic disorder not otherwise specified was rendered.  The examiner opined it was “unclear whether his delusional thoughts were completely resolved” and his “presenting symptoms were in excess of what could be explained by his moderate level of alcohol intoxication.”  There was no VA Compensation and Pension (C&P) evaluation in evidence.  

The Board directed attention to its rating recommendation based on the above evidence. The PEB rated the psychotic disorder condition 10%, coded 9210 (psychotic disorder), citing secondary to significant risk of recurrence of psychosis under the stressful conditions of routine military service and industrial impairment secondary to mild and transient symptoms that impair his ability to perform duty related tasks that typically require medication to control.  The evidence did not support a rating for occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.  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 psychotic disorder condition.  

Contended PEB Conditions:  Lower Back Pain.  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 implicated in the commander’s statement or judged to fail retention standards.  The condition was profiled, given an L2; however, the CI was able to complete all events on the Army Physical Fitness Test with no limitations. 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 psychotic disorder condition and IAW VASRD §4.71a, the Board unanimously recommends no change in the PEB adjudication.  In the matter of the contended lower back pain condition, the Board unanimously recommends no change from the PEB determination as not unfitting.  There were no other conditions within the Board’s scope of review for consideration.  The Board recommends 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 20150619, w/attachments
Exhibit B.  Service Treatment Record

AR20170006643, XXXXXXXXXXXXXXXXXX 

XXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXX

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