Docket No: 4934-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO FORMER MBR , USMCR (a) Title 10 U.S.C. 1552 Encl: (1) DD Form 149 (2) Medical/Psychiatric Advisor CORB letter 1920 CORB: 002 of 16 December 2020 (3) Director CORB letter 1920 CORB: 001 of 16 December 2020 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her naval record be corrected to establish Petitioner’s eligibility for placement on the disability retirement list. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 7 January 2021, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of the naval records, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. Petitioner entered service with the Marine Corps Reserve in October 1998. She served multiple periods of active duty between 1998 and her eventual placement on the Temporary Disability Retirement List (TDRL) in 2017. In May 2016, Petitioner was referred to the Physical Evaluation Board (PEB) for Bulimia Nervosa, Major Depressive Disorder, and Obsessive Compulsive Disorder. After initially finding Petitioner fit for active duty, a formal PEB hearing concluded Petitioner was unfit for Unspecified Eating Disorder with Major Depressive Disorder and Obsessive Compulsive Disorder as related diagnoses. Petitioner was assigned a 30% disability rating and placed on the TDRL. c. In January 2019, a periodic TDRL examination determined Petitioner suffered from a number of mental health conditions including Bipolar Disorder, Post-Traumatic Stress Disorder, History of Traumatic Brain Injury, and History of Eating Disorder. However, the PEB again concluded that Petitioner was not separately unfit for Major Depressive Disorder or Obsessive Compulsive Disorder. As a result, Petitioner was discharged with severance pay on 30 September 2019 after exhausting her disability appellate rights. d. In correspondence attached at enclosures (2) and (3), the office having cognizance over Petitioner’s request to be placed on the disability retirement list determined that the evidence supports her request. The opinion states that the original PEB erroneously concluded that Petitioner’s Major Depressive Disorder was not separately unfitting despite substantial evidence which documented a significant occupational impairment as a result of her depression. As a result, the opinion recommends assigning Petitioner a 50% rating for Major Depressive Disorder. Despite this recommendation, the advisory opinion concludes Petitioner’s 0% rating for her eating disorder was appropriately assigned. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief. In this regard, the Board concurred with the Advisory Opinions at enclosures (2) and (3). Specifically, the Board determined that Petitioner was unfit for Major Depressive Disorder with a 50% rating at the time of her placement on the TDRL. As documented in her non-medical assessments at the time, Petitioner suffered substantial occupational impairments as a result of her Major Depressive Disorder that was separately impairing from her eating disorder. These impairments related to her Major Depressive Disorder continued post-retirement as documented in her periodic TDRL examination on 17 January 2019. Her depression related symptoms merited a continued disability rating of 50% and her placement on the Permanent Disability Retirement List (PDRL). Regarding Petitioner’s eating disorder, the Board agreed with the advisory opinion that the preponderance of the evidence supports the assigned 0% rating effective 30 September 2019. As pointed out in the advisory opinion, despite her continued symptoms of an eating disorder, the record does not document that Petitioner suffered from post-retirement incapacitating episodes of up to two weeks total duration per year as a result of her eating disorder. Accordingly, she did not meet the criteria for a 10% disability rating for that condition. Therefore, the Board found no error in the PEB assigned rating of 0% in 2019. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s combined disability rating upon her placement on the TDRL in 2017 will be changed from 30% to 70%. In addition to her Unspecified Eating Disorder with an assigned rating of 30%, Petitioner’s PEB record will reflect that Petitioner was separately unfit for Major Depressive Disorder, VA DC 9411-9434, (also referred as Post Traumatic Stress Disorder, Anxiety, and Obsessive Compulsive Disorder) at 50% effective prior to her placement on the TDRL. Neither unfitting condition was combat related or incurred in a combat zone. In addition, effective the date of Petitioner’s discharge from the Marine Corps, Petitioner will be placed on the PDRL with a combined disability rating of 50% for Major Depressive Disorder, VA DC 9411-9434, (also referred as Post Traumatic Stress Disorder, Anxiety, and Obsessive Compulsive Disorder) at 50% and Unspecified Eating Disorder, VA DC 9521, at 0%. Neither unfitting condition was combat related or incurred in a combat zone. 4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.