RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXX	CASE:  PD-2017-05204
BRANCH OF SERVICE:  Army 	SEPARATION DATE:  20041013

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an active duty E4, Administrative Specialist, medically separated from the Temporary Disability Retired List (TDRL) for “bipolar disorder” with a disability rating of 0%. 

CI CONTENTION:  “Only PTSD.”  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’s assessment of the PEB rating determination is based on review of medical records and all available evidence relevant to application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards for the unfitting medical condition(s) at the time of separation.  The panel 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, which operates under a different set of laws.  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 - 20041927	VARD - NA	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Bipolar Disorder	9432	0%	No VA Examination Proximate to Separation in Evidence	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  NA	

ANALYSIS SUMMARY:  

Bipolar Disorder.  According to the service treatment record and MEB narrative summary (NARSUM), the CI was hospitalized psychiatrically at 16 after slitting her wrist.  Whether or not she revealed this and received a medical waiver to enlist could not be determined due to the unavailability of health records.  However, she was hospitalized in 2001 due to depression, and again in January 2003 for bipolar disorder with psychotic features.  The CI was separated and placed on the TDRL on 24 March 2003.

The 29 June 2004 MEB TDRL NARSUM examination, 4 months prior to separation, noted no symptoms of bipolar disorder, and she had not received psychiatric care, used psychotropic medications or required hospitalization for psychiatric reasons.  She had been seeing a licensed counselor on a monthly basis since separation and reported that neither she nor the counselor believed she had a bipolar disorder.  She was employed full-time with a real estate law firm, cared for her 2-year old daughter, worked out regularly at a gym, and enjoyed surfing.  The mental status examination was unremarkable.  She denied suicidal ideation or intent and there was no evidence of hallucinations.  There was no VA examination proximate to separation in evidence. 

The panel directed attention to its rating recommendation based on the above evidence.  The CI was removed from the TDRL with a permanent disability disposition of separation with severance pay at 0%.  The PEB cited full remission without medical intervention, and no psychiatric care, psychotropic medication use or hospitalization while on the TDRL.  The VA noted the CI did not report for a scheduled examination, so service connection for her bipolar disorder was denied.  

Application of VASRD §4.129 (mental disorders due to traumatic stress) is considered by the panel for all cases of service-connected psychiatric conditions resulting in separation, but members agreed that a “highly stressful event” requisite for §4.129 was not satisfied in this case. Members then considered if there was evidence for a §4.130 rating higher than the 0% adjudicated by the PEB.  The §4.130 criteria for a 10% rating requires “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.”  The TDRL NARSUM noted the CI was employed full-time and caring for her child with, and that her mental health condition was in full remission with no psychiatric medication or further hospitalizations since January 2003.  After due deliberation, considering all  the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded there was insufficient cause to recommend a change in the PEB adjudication for the bipolar disorder at the time of TDRL removal.

BOARD FINDINGS:  In the matter of the bipolar disorder and IAW VASRD §4.130, the panel recommends no change in the PEB adjudication at the time of TDRL removal.  There are no other conditions within the panel’s scope of review for consideration.  Therefore, the panel recommends no modification or re-characterization of the CI’s disability and separation determination.  

AR20190005128, XXXXXXXXXX

Dear XXXXXXXXXX:

	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.