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-2020-00131

	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 (CI) was a National Guard E5, Infantryman, medically separated from the Temporary Disability Retired List (TDRL) for “major depression” with a disability rating of 10%.   The PEB coded the condition 9434 (major depressive disorder [MDD]), citing the CI had “transient or mild symptoms that decrease work efficiency and ability to perform occupational tasks only during periods of significant stress.” The VA rated the condition 70% for “post-traumatic stress disorder (PTSD) with secondary MDD,” analogously coded 9411-9434 (PTSD-MDD).  The panel members first agreed that the provisions of VASRD§ 4.129 for a mental disorder due to traumatic stress” were not applicable.  The panel considered the absence of emergency room treatment, or hospitalization, and the apparent stability of symptoms during the 6 months prior to separation and the 53 months after separation.  There was no report of suicidal attempts or gestures during the nearly 5-year-long TDRL period.  Report of active suicidal ideation was absent during the TDRL and VA Compensation and Pension examinations.  The panel placed greater probative value on the TDRL psychiatric examination due to its proximity to separation.  At the TDRL examination, the CI voiced no specific complaint.  Although he complained of depression with anxiety, depressive symptoms or anxiety symptoms were not elicited.  There was no evidence of significant symptoms of depression.  There was no complaint of chronic mood symptoms, lack of pleasure, lack of interest in once enjoyed activities, suicidal ideation, or chronic insomnia, problems with concentration, loss of memory, panic attacks, significant irritability or anxiety.  The mental status examination was normal.  Suicidal ideation was absent.  The panel noted the CI’s report of not being able to work based on the amount of his disability compensation; however, there was no medical opinion that the CI was unemployable based on the severity of his mental health.  He stayed home and took care of the house and his young grandson, and was a major support to his two older daughters.  There was no report of domestic violence, and no additional legal charges against him.  He reported good social support system after re-establishing past friendships.  He was rebuilding his life post incarceration.  Panel members agreed, although the CI had not received mental health treatment or medications for sleep or mood during the nearly 5 years of the TDRL period, his condition remained stable. The panel considered the record in totality and concluded the evidence demonstrated the CI’s condition was most reflective of the 10% level of disability 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.”  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 MDD condition.  

AR20200009913

Dear XXXXXXXXXXXXXXXXX:

	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.

A copy of this decision has been provided to the counsel you listed on your application