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-2018-00544

In accordance with (IAW) 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 was an active duty E3, Motor Vehicle Operator, medically separated for “residuals of traumatic brain injury [TBI]” with a disability rating of 10%, coded 8045 (residuals of TBI). The PEB also listed posttraumatic headaches, dizziness secondary to closed head injury and post-concussive syndrome as related Category II diagnoses. However, panel members agreed, the impairment from these conditions was properly subsumed under the overall rating for the TBI condition to avoid pyramiding (§4.14). The VA rated the TBI 10%, coded 8045-8100 (traumatic brain injury with migraines), based on the Compenstation & Pension examination, citing “headaches that can interfere with daily level of functioning based on headaches that occur about three times a day and last for about one or two hours.”  At the time of the PEB rating, code 8045 was modified and facets were used for rating.  However, it was not clear if the PEB rated the CI’s condition under the modified VASRD rules or not. Panel members agreed that the next higher rating of 40%, which requires an impairment level of 2, was not supported by the evidence. The record documented no objective findings of memory loss, impairment in judgment, inappropriate social interaction, issues with orientation, communication or behaviors that interfered with workplace interactions. The clinical record did not substantiate clinically significant impairments at the time of separation. The Non-Medical Assessment (NMA) did not mention any impairment in judgment, difficulties with comprehension or impairment in learning, but did mention issues with memory. However, there were no memory deficits found on the neuro-psychological examination 2 weeks prior to the NMA.  Therefore, the panel agreed that no greater than a 10% rating was justified for the residuals of TBI under code 8045. 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 regards to the contended conditions of hearing loss, PTSD, mood disorder due to general medical condition, obesity, tinnitus, obstructive sleep apnea, depressive disorder and posttraumatic epistaxis, the panel noted that none of them were noted on limited duty forms, implicated in the NMA or judged by the MEB to fail retention standards. There was no performance-based evidence from the record that any of the conditions 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 any of the contended conditions, so no additional disability ratings are recommended.

DEPARTMENT OF THE NAVY
SECRETARY OF TI!E 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 Sep 20

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

Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) Ref:	(a) DoDI 6040.44
I.	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.