RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME: XXXXXXXXXXXXXXXXXXXX	 CASE:  PD-2014-03467
BRANCH OF SERVICE: MARINE CORPS	SEPARATION DATE:  20040119

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects that this covered individual (CI) was an active duty E3, Administrative Clerk, medically separated for “major depressive disorder” (MDD), with a disability rating of 10%.

CI CONTENTION:  The CI contends for her Category III condition.  The CI’s complete submission is at Exhibit A.  

SCOPE OF REVIEW:  The Board’s scope of review is defined in DoDI 6040.44.  It is limited 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 PEB, but determined to be not unfitting.  Any conditions outside the Board’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.  Furthermore, the Board’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation.  The Board 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, operating under a different set of laws.  The Board gives consideration to VA evidence, particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of the disability at the time of separation.

RATING COMPARISON:  

SERVICE PEB - 20031106	VARD - 20050119	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Major Depressive Disorder	9434	10%	Major Depression	9434	10%	STR	
Loop Electrosurgical Excision Procedure (LEEP)	Category III	Cervical Dysplasia, Status Post Loop Electrosurgical Excision Procedure (LEEP)	7612	NSC	20040803	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS: 40%	

ANALYSIS SUMMARY:  

Major Depressive Disorder (MDD).  Service treatment records show the CI first presented to mental health (MH) with depression due to multiple stressors that included job, relationship, past history of abuse, and two recent family deaths.  Her primary care doctor treated her with anti-depression medicine.  She did not return to MH until she was diagnosed with early stage cervical cancer and learned she may not be able to have children.  At the narrative summary (NARSUM) in May 2003, the CI reported she was depressed, had crying spells, difficulty sleeping, worry about everything and had become withdrawn.  She was taking anti-depression medication, attending a women’s group, and receiving individual therapy.  A mental status examination (MSE) showed a depressed mood with congruent affect.  A diagnosis of major depressive disorder (MDD) was rendered.  The commander noted the CI had been an asset to the command but had not been able to achieve an acceptable level of MOS proficiency and had distractions caused by personal problems.  The CI failed to report for two VA Compensation and Pension (C&P) examinations for mental disorders scheduled separately in September and October 2004.  The VA therefore relied on the available service treatment records to determine their rating.

The Board directed attention to its rating recommendation based on the above evidence.  Both the PEB and the VA rated her condition 10%, coded 9434 (Major depressive disorder).  The General Medical C&P exam, dated August 2004, noted the CI was unemployed.  She denied any psychiatric problems.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the Board concluded that there was insufficient cause to recommend a change in the PEB adjudication for the MDD condition.  

Contended PEB Conditions. The Board’s main charge is to assess the fairness of the PEB’s determination that the status-post loop electrosurgical excision procedure (LEEP) was not unfitting.  The STR showed the CI had a LEEP for recurrent cervical dysplasia and had done well postoperatively with a well-healed cervix without complaints.  The condition was not profiled or implicated in the commander’s statement and was not judged to fail retention standards.   It was reviewed and considered by the Board.  There was no performance based evidence from the record that this condition significantly interfered with satisfactory duty performance.  After due deliberation in consideration of the preponderance of the evidence, the Board concluded that there was insufficient cause to recommend a change in the PEB fitness determination for the contended status-post LEEP condition and so no additional disability ratings are recommended.

BOARD FINDINGS:  In the matter of the MDD condition and IAW VASRD §4.130, the Board unanimously recommends no change in the PEB adjudication.  In the matter of the contended status-post LEEP condition, the Board unanimously recommends no change from the PEB determinations as not unfitting.  There were no other conditions within the Board’s scope of review for consideration.  The Board, therefore, recommends that there be no re-characterization of the CI’s disability and separation determination.  

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20140630, with attachments
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

MEMORANDUM FOR DIRECTOR, SECRETARY OF THE NAVY COUNCIL OF REVIEW
               BOARDS 

Subj:  PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
 
Ref:   (a) DoDI 6040.44
       (b) CORB ltr dtd 9 May 16

      In accordance with reference (a), I have reviewed the cases forwarded by reference (b), and, for the reasons provided in their forwarding memorandums, approve the recommendations of the PDBR that the following individual’s records not be corrected to reflect a change in either characterization of separation or in the disability rating previously assigned by the Department of the Navy’s Physical Evaluation Board:

		- XXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXX, former USMC
		- XXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXX, former USN
		- XXXXXXXXXXXXXXX, former USMC