RECORD OF PROCEEDINGS PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX		CASE: PD-2017-04656 BRANCH OF SERVICE: NAVY	SEPARATION DATE: 20070630

SUMMARY OF CASE: Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E5, Aircraft Maintenance Technician, medically separated for “Asperger’s Syndrome” with a disability rating of 10%.

CI CONTENTION: “Causes problems with communication and ability to work with others.” The complete submission is at Exhibit A.

SCOPE OF REVIEW: The panel’s scope of review is defined in DoDI 6040.44. It is limited to review of disability ratings assigned 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 Medical Evaluation Board (MEB), but determined by the PEB to be not unfitting or non-compensable. Any conditions outside the panel’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. The panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections when appropriate. The panel gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of disability at the time of separation.

RATING COMPARISON:

SERVICE PEB - 20070411	VARD - 20071221	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Asperger’s Syndrome	9399-9327	10%	Asperger’s Syndrome	9499-9404	70%	20070925	
COMBINED RATING: 10%	COMBINED RATING OF ALL VA CONDITIONS: 80%	

ANALYSIS SUMMARY:

Asperger’s Syndrome. According to the service treatment record and MEB narrative summary (NARSUM), the CI’s Asperger’s symptoms came to the attention of his command in August 2006 after receiving notice that the CI was in arrears on a student loan. The CI underwent psychometric testing. Based on test results, observation, and history, the psychologist determined the CI met the criteria for a diagnosis of Asperger’s syndrome. Review of records revealed the CI attended a support group in 1998 for 4 months following the suicide of his adopted sister; he had an evaluation for interpersonal problems with his peers in 2003 with a long history of social awkwardness with people making fun of him for being different; and there was an emergency room visit in August 2006 for suicidal ideation. He was noted to have an idiosyncratic view of things and tended to focus on small details. Superiors referred him to mental health (MH) in October 2006 for MH issues regarding his finances. He reported a one and a half year history of impulsive spending that improved with counseling, and depression with decreased sleep and appetite. The CI was diagnosed with adjustment disorder and depressed mood.

The 8 March 2007 MEB NARSUM examination, 4 months prior to separation, noted the CI had difficulty with control of voice volume, making eye contact, frequent tics, peer relationships, constant reorganization, keeping things in exact alpha-numeric order and an overwhelming compulsion to collect comic books. Physical examination showed the CI spoke with a loud voice and exhibited tics of knee jerking and foot tapping. He had difficulty being redirected during the interview. A diagnosis of Asperger’s was rendered. The examiner noted the CI was highly functional for someone with this condition.

At the 25 September 2007 VA Compensation and Pension (C&P) examination, 3 months after separation, the CI reported a varied mood, difficulty with attention and concentration (tended to daydream “a lot”); difficulty learning details of tasks, problems with complex instructions, disorganization (contributed to his financial problems which had improved with counseling) and problems with social relationships. He had difficulty relating to people and missed social cues in addition to having difficulty modulating his voice. He also had anxiety in some social situations. The CI was frustrated with his inability to get a job. He attributed this to a lack of formal college training. He reported he had no problems in his work or performance evaluations, but was considered unpredictable under stress due to his diagnosis. He was taking college classes with a plan to obtain a bachelor’s degree. He never married but had been in several relationships, including an engagement, and had two close friendships in his life. He had to force himself to be around others and spent his time reading, watching movies, working on his comic book collection, walking, and hiking. He had no social activities outside of his family. Mental status examination showed he was somewhat animated and agitated, speech was rapid, loud and pressured; affect was intense and labile; and mood was elated and expansive. He had some inappropriate grinning and laughter as well as some unusual vocalizations. A diagnosis of Asperger’s was rendered with a GAF score of 45 (serious impairment). The examiner noted the CI had mild impairment in occupational functioning and serious impairment in social functioning due to his Asperger’s.

The panel directed attention to its rating recommendation based on the above evidence. The PEB rated the Asperger’s Syndrome 10%, analogously coded 9399-9327 (organic mental disorder). The VA rated the Asperger’s Syndrome 70%, analogously coded 9499-9404 (obsessive compulsive disorder) based on the C&P examination, citing “occupational and social impairment, with deficiencies in most areas.”

The NARSUM noted the CI had 11 years of active duty without incident and was highly functional as a person with Asperger’s. The CI had a history of short-term infrequent psychiatric symptoms. The C&P examination noted the CI’s problems with finances had improved and mood was variable. The CI continued to show an impaired level of function, especially socially and occupationally. The C&P examination showed symptoms of an organic mental disorder. Although the CI attended school, he remained unemployed. After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 30% for the Asperger’s Syndrome, coded 9399-9327.

BOARD FINDINGS: In the matter of the Asperger’s Syndrome, the panel recommends a disability rating of 30%, coded 9399-9327 IAW VASRD §4.130.

The panel recommends the CI’s prior determination be modified as follows; and, that the discharge with severance pay be re-characterized to reflect permanent disability retirement, effective the date of medical separation:

CONDITION	VASRD CODE	PERMANENT RATING	
Asperger’s Syndrome	9399-9327	30%	

DEPARTMENT OF THE NAVY
SECRETARY OF THE NAVY COUNCIL OF REVIEW BOARDS 720 KENNON STREET SE STE 309
WASHINGTON NAVY YARD, DC 20374-5023

IN REPLY REFER TO:
1850
CORB:003 12 Oct 20

From: To:

Subj:

Ref:

Director, Secretary of the Navy Council of Review Boards 

PHYSICAL DISABILITY BOARD OF REVIEW (PDBR)
(a) DoDI 6040.44
(b)	PDBR ltr of 23 Dec 19
(b)	

1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation (reference (b)) to the Department of the Navy for appropriate action.
2.	On s October 2020, the Assistant Secretary of the Navy took action in your case by accepting the correct recommendation of the PDBR.	Accordingly, your records will be corrected to reflect an increase in the disability rating awarded by the Physical Evaluation Board from 10 to 30 percent with assignment to the Permanent Disability Retired List.

3.	The Assistant Secretary's determination, which represents final action in your case by the Department of the Navy, was sent to the Navy Personnel Command, for correction of your records as stated above.	You will be notified once those changes are complete.