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

MEMORANDUM FOR THE DIRECTOR, ARMY REVIEW BOARDS AGENCY

SUBJECT:  Physical Disability Board of Review Recommendation on XXXXXXXXXXXXXXXX
	Case Number PD-2019-00258

	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 Army.  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 E4, Armor Crewman, medically separated from the Temporary Disability Retired List (TDRL) for “post concussive syndrome characterized by headaches” with a disability rating of 10%, dual coded 8045-9304 (residuals of traumatic brain injury with dementia due to head trauma), citing post concussive headaches.  The VA also rated the post concussive syndrome 10%, dual coded 8045-8911 (residuals of traumatic brain injury with epilepsy, petit mal), based on the Compensation & Pension (C&P) examination, citing a confirmed diagnosis of epilepsy.  The PEB’s 9304 code was technically accurate in this case.  The VASRD states that purely subjective complaints, such as headaches, recognized as symptomatic of brain trauma, will be rated 10% and no more under diagnostic code 9304 and “will not be combined with any other rating for a disability due to brain trauma.”  The C&P examination, more proximal to separation, noted no evidence of headache activity in the past 8 months.  Thus there was insufficient evidence to justify a conclusion that a higher rating under 8100 was warranted.  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 post-concussive syndrome at TDRL removal.  

AR20200004709

Dear XXXXXXXXXXXXXXXXXXXXXXXXXXXX:

	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.