RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW

NAME:  XXXXXXXXXXXXXXXXXXX	CASE:  PD-2019-00404
BRANCH OF SERVICE:  Air Force	SEPARATION DATE:  20060726

SUMMARY OF CASE:  Data extracted from the available evidence of record reflects this covered individual (CI) was an Air National Guard E4, Security Forces Apprentice, medically separated for “major depressive affective disorder,” rated 10% with an EPTS factor deduction of 10%, for a final disability rating of 0%.  

CI CONTENTION:  In addition to her unfitting mental health (MH) condition, the CI requested review of additional conditions not identified by the Medical Evaluation Board (MEB) or Physical Evaluation Board (PEB).  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 PEB to be unfitting for continued military service, and when specifically requested by the CI, those conditions identified by the MEB, but determined by the PEB 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.  The panel’s authority is limited to assessing the fairness and accuracy of PEB rating determinations and recommending corrections when appropriate.  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 disability at the time of separation.  

RATING COMPARISON:  

SERVICE PEB – 20060609	VARD - 20061212	
Condition	Code	Rating	Condition	Code	Rating	Exam	
Major Depressive Affective Disorder	9434	0%	Major Depressive Disorder	9434	10%	STR	
COMBINED RATING:  0%	COMBINED RATING OF ALL VA CONDITIONS:  10%	

ANALYSIS SUMMARY:  

Major Depressive Affective Disorder.  According to the service treatment record (STR) and MEB narrative summary (NARSUM), the CI was mobilized in May 2005 and developed increased depressive symptoms in September 2005.  The CI was diagnosed with depressive disorder and started on psychoactive medications with good results.  The 13 March 2006 psychiatric addendum, 4 months prior to separation, indicated the CI was stable on medication.  The CI related having mild depressive symptoms most of her life that had not interfered with her ability to function.  She was diagnosed with mild major depressive disorder with a Global Assessment of Functioning (GAF) score of 80 (slight impairment).  The Army psychiatrist indicated the CI was fit for duty without restrictions and would not be significantly impaired if medication were discontinued.  The 9 April 2006 MEB psychiatric NARSUM examination noted similar history and complaints with a diagnosis of depressive affective disorder, single episode, mild degree; treated with medication; and a GAF of 80.  

On the 14 July 2004 enlistment physical, the CI recorded a positive response to “received counseling of any type,” and “depression or excessive worry” with elaboration of “counseling for history of inappropriate sexual advances by other party – resolved.”  An affidavit (by parent) indicated the CI had a single psychiatrist visit in 1996 (age 9) for reported inappropriate touching, and no further treatment was needed.  The CI was not on medications.  There was no VA examination proximate to separation in evidence.

The panel directed attention to its rating recommendation based on the above evidence.  The PEB rated the MH disorder 10%, coded 9434 (major depressive disorder), and then took a 10% EPTS factor deduction, for a final disability rating of 0%.  The VA rated the MH disorder 10%, coded 9434, based on the STR, citing medication use.  

There was no traumatic event causing the unfitting MH disorder and application of VASRD §4.129 was not applicable in this case.  The panel agreed that at the time of separation the CI’s MH disorder warranted a 10% rating IAW VASRD §4.130 for “occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication.”  The panel adjudged that at the time of service entry the CI did not have a formal diagnosed mental disorder and was not on medication.  After due deliberation, considering all the evidence and mindful of VASRD §4.3 (reasonable doubt), the panel recommends a disability rating of 10% for the major depressive affective disorder, coded 9434.  

BOARD FINDINGS:  In the matter of the major depressive affective disorder, the panel recommends a combined disability rating of 10%, coded 9434 IAW VASRD §4.130.  There are no other conditions within the panel’s scope of review for consideration.  

The panel recommends the CI’s prior determination be modified as follows, effective the date of medical separation:  

CONDITION	VASRD CODE	PERMANENT RATING	
Major Depressive Affective Disorder	9434	10%	

The following documentary evidence was considered:

SAF/MRB
3351 Celmers Lane
JBA NAF Washington, MD 20762-6435

Dear XXXXXXXXXXXXXX:

		Reference your application submitted under the provisions of DoDI 6040.44 (Section 1554, 10 USC), PDBR Case Number PD-2019-00404.

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 not in accordance with the guidelines of the Veterans Affairs Schedule for Rating Disabilities.  Accordingly, the Board recommended modification of your assigned disability rating without re-characterization of your separation with severance pay.

I have carefully reviewed the evidence of record and the recommendation of the Board.  I concur with that finding, accept the recommendation and direct that your records be corrected as set forth in the attached copy of a Memorandum for the Chief of Staff, United States Air Force.  This will not result in any change to your separation documents or the amount of severance pay you are entitled to.  Disability severance pay is computed the same regardless of a rating of 0, 10 or 20 percent.