RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX	CASE:  PD-2015-01793
BRANCH OF SERVICE:  Air Force 	SEPARATION DATE:  20020510

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

CI CONTENTION:  The CI made no specific contention.  The complete submission is at Exhibit A.  

SCOPE OF REVIEW:  The panel’s scope of review is defined in DoDI 6040.44.  It is limited to review of disability ratings assigned 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 or non-compensable.  Any conditions outside the panel’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 panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections, where appropriate.  The panel’s assessment of the PEB rating determination is based on 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(s) at the time of separation.  The panel 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 panel 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 - 20020212	VARD – 20021125 	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Major Depressive Disorder	9434	10%	Major Depressive Disorder	9434	0%	20020717	
COMBINED RATING:  10%	COMBINED RATING OF ALL VA CONDITIONS:  0%	

ANALYSIS SUMMARY:  

Major Depression.  According to the service treatment record (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the CI had mental health counseling prior to service during her parents’ divorce.  Early in her service she was evaluated by mental health and issued an S1 profile and also cleared for PRP status.  In April 2001, she was evaluated for a possible suicidal gesture.  After some initial reluctance to report symptoms, she endorsed having symptoms of depression for over 2 years and relayed issues with her family of origin.  She began counseling and was diagnosed with a recurrent major depressive disorder (MDD), post-traumatic stress disorder (PTSD), and an eating disorder.  She was begun on medications.  On 12 July 2001, the CI was admitted overnight for observation when she could not contract for safety at a social work appointment that day.  Following discharge, she continued treatment.  The CI was also diagnosed with a bipolar disorder during this time period.  It was noted that her symptoms stemmed, at least in part, to pre-service childhood abuse by her mother.  In October 2001, the CI found out that she was pregnant and discontinued her medications.  At the 13 November 2001 MEB NARSUM examination, 6 months prior to separation, the CI reported her hospitalization followed a bad day at work as well as an email from her boyfriend of 2 years terminating their relationship.  Her mental status examination (MSE) was unremarkable.  She was diagnosed with a MDD in partial remission and noted to be asymptomatic off of medications.  The PTSD and bipolar diagnoses were not carried forward.  It was noted that her current improvement could be related to the pregnancy in which case a recurrence was possible after delivery and she would again require medications.  It was thought that she was unlikely to be able to return to her career field, security forces, but it was noted that her performance had been outstanding and cross-training and retention were recommended.  The Informal PEB (IPEB) recommended separation at 10%, coded 9434 (MDD).  The CI appealed this decision to the Formal PEB and requested continuation on active duty, noting her outstanding performance.  The IPEB decision was upheld.  

At the 17 July 2002 VA Compensation and Pension evaluation, 2 months after separation, the CI reported that she remained off of psychotropic medications.  She stated that she was currently asymptomatic.  Her MSE was normal and she was thought to be in full remission.  

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the major depression condition 10%, coded 9434 (major depression), citing mild social and industrial adaptability impairment.  The VA rated the major depression condition 0% coded 9434, based on the C&P examination 2 months after separation.  The panel noted that the two examinations which bracketed separation both documented that the CI was asymptomatic and off medications.  This supported no more than a 0% rating; however, the panel does not recommend a rating lower than that adjudicated by the PEB.  After due deliberation, considering all of the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel concluded that there was insufficient cause to recommend a change in the PEB adjudication.  

BOARD FINDINGS:  In the matter of the major depressive disorder condition and IAW VASRD §4.130, the panel unanimously recommends no change in the PEB adjudication.  There are no other conditions within the panel’s scope of review for consideration.  The panel, therefore, recommends that there be no modification or re-characterization of the CI’s disability and separation determination.  

The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20150702, w/atchs
Exhibit B.  Service Treatment Record
Exhibit C.  Department of Veterans Affairs Treatment Record

SAF/MRB
1500 West Perimeter Road, Suite 3700
Joint Base Andrews, MD  20762

XXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXXXXXXXXXXXX:

Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2015-01793.

After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability evaluation system processing was appropriate.  Accordingly, the Board recommended no re-characterization or modification of your separation.

I have carefully reviewed the evidence of record and the recommendation of the Board.  I concur with that finding and their conclusion that re-characterization of your separation is not warranted.  Accordingly, I accept their recommendation that your application be denied.

Sincerely,

XXXXXXXXXXXXXXXXXXX
Director
Air Force Review Boards Agency

Attachment:
Record of Proceedings