DEPARTMENT OF THE AIR FORCE
WASHINGTON DC

Office of the Assistant Secretary

SAF/MRBD (PDBR)
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435

MEMORANDUM FOR THE ASSISTANT SECRETARY OF THE NAVY, MANPOWER AND RESERVE AFFAIRS

SUBJECT: Physical Disability Board of Review Recommendation on Case Number PD-2018-00259

In accordance with Title 10 § 1554a and in compliance with DoDI 6040.44, the Physical Disability Board of Review (PDBR) adjudicated the disability rating accompanying the medical separation of the covered individual from the United States Marine Corps. After carefully reviewing the application and medical separation case file, the PDBR recommended no re- characterization of the separation or modification of the disability rating previously assigned. I recommend you accept this proposed decision.

The covered individual (CI) was an active duty E4, Infantry Assaultman, medically separated for “traumatic brain injury [TBI]” with a disability rating of 10%. The PEB coded 8045 (residuals of TBI), citing daily headaches and listed cognitive disorder and mild tinnitus (which did not interfere with communication), as related Category II diagnoses; however, the impairment from these conditions was properly subsumed under the overall rating for the TBI to avoid pyramiding (§4.14). The VA also rated the TBI 10%, dual-coded 8045-8100 (TBI with residual migraine headaches), based on the Compensation & Pension examination, citing “not taking any medications.” Panel members noted the VASRD in effect at the time of the PEB’s adjudication stipulated, under code 8045, that subjective complaints such as headaches, cognitive disorder, etc., recognized as symptomatic of brain trauma, would be rated 10% and no more.
Ratings in excess of 10% for brain disease due to trauma were “not assignable in the absence of a diagnosis of multi-infarct dementia associated with brain trauma.” Members agreed that a 10% rating was readily supported under the PEB’s 8045 code and compliant with the rating language of the VASRD in effect for that code. However, the rating criteria under code 8045 changed on 23 October 2008 so the panel considered whether application of the new VASRD rules for the 8045 code, enacted one week prior to separation, would benefit the CI. The highest level of impairment under the subjective symptoms facet requires evidence of at least three subjective symptoms that moderately interfere with work, activities of daily living or close relationships.
This level of impairment was not supported by the record. Therefore, there was no higher rating under the new rules. 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 TBI condition.

In the matter of the contended mild sensorineural hearing loss, the panel’s main charge is to assess the fairness of the PEB determination that the contended condition was not unfitting.

The contended condition was not noted on limited duty forms, implicated in the non-medical assessment, and did not 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 panel concluded there was insufficient cause to recommend a change in the PEB fitness determination for the contended condition, so no additional disability rating is recommended.

2	PD-2018-00259

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

IN REPLY REFER TO:
1850
CORB: 003
10 Sep20

From: Director, Secretary of the Navy Council of Review Boards To:	XXXXXXXXXXXX

Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44
1.	Pursuant to reference (a), the PDBR reviewed your case and forwarded its recommendation to the Department of the Navy on 13 Aug 2020 for appropriate action.

2.	On 27 August 2020, the Assistant Secretary of the Navy (Manpower & Reserve Affairs) accepted the recommendation of the PDBR ofno change to your characterization of separation or disability rating assigned by the Department of the Navy's Physical Evaluation Board.

3.	The Secretary's decision on your PDBR application is final and is not subject to appeal or additional review by the Board for Correction of Naval Records.