RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF: 			DOCKET NUMBER: BC-2014-02668

  						COUNSEL:  NONE

						HEARING DESIRED:  NO 



APPLICANT REQUESTS THAT:

The disability rating for Post Traumatic Stress Disorder (PTSD) of 30 percent be reviewed, and increased.


APPLICANT CONTENDS THAT:

Her mental illness is severe and has worsened since she was discharged.

The applicant’s complete submission, with attachments, is at Exhibit A.


STATEMENT OF FACTS:

The applicant initially entered the Regular Air Force on 25 Jul 01.

In 2008, the applicant self-referred to the Mental Health clinic with symptoms which were ultimately diagnosed as major depressive disorder (MDD), PTSD, and generalized anxiety disorder (GAD).  

On 28 Sep 10, the applicant was placed on the Temporary Disability Retirement List (TDRL) with a 50 percent rating based upon the Veterans Administration Schedule for Rating Disabilities (VASRD) due to a physical evaluation board (PEB) finding her mental health (MH) condition was unfitting.  The PEB also found her to have a Category III condition of paranoid personality traits, which was not separately unfitting.  

On 25 Mar 11, the applicant’s case underwent a TDRL reevaluation, her condition was determined to be unfit for continued military service, and she was recommended for a permanent medical retirement. 

On 12 Oct 11, a formal PEB (FPEB) concurred she was unfit for further military duty, removed her from the TDRL and permanently retired her with a compensable rating of 30 percent for her disabilities.  She was credited with nine years, two months, and three days of active service.   

The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C.    


AIR FORCE EVALUATION:

The Physical Disability Board of Review Special Review Panel (PDBR SRP) recommends denial indicating there is no evidence of an error or an injustice.  In accordance with Secretary of Defense directive for a comprehensive review of Service members who were referred to a disability evaluation process between 11 Sep 01 and 30 Apr 12 and whose MH diagnoses were changed or eliminated during that process, the applicant's case file was reviewed regarding diagnosis change, fitness determination, and rating of unfitting MH diagnoses in accordance with the VASRD §4.129 and §4.130.

According to the Medical Evaluation Board (MEB) Narrative Summary (NARSUM) the applicant had a history of depression and anxiety that worsened in 2008 with symptoms of depression, irritability, anxiety with panic episodes and discomfort in crowds.  Following the shooting death of her best friend in Oct 08, her symptoms increased and included anger, fear, increased anxiety when alone and crying spells. She reported difficulty doing basic daily activities.  The applicant was admitted as a psychiatric inpatient for one day in Feb 09, followed by two weeks in an intensive outpatient program (IOP), and another period in IOP from 26 Jan 10 through 29 Mar 10.  The VA Compensation and Pension (C&P) examination on 12 Oct 10, approximately 2 weeks after her TDRL entry, noted that the applicant reported a combat related stressor of working in decedent affairs while deployed and having had instances which distressed her.  On 8 Jun 11, during a TDRL evaluation, an Informal PEB (IPEB) found the applicant’s MH condition was unfitting but stabilized and rated her PTSD at 30 percent.  The applicant appealed the IPEB determination, requesting a 50 percent rating.  The FPEB affirmed the IPEB findings and recommendations, and the applicant was medically retired with a combined disability rating of 30 percent.

The SRP considered the appropriateness of changing the MH diagnoses, PEB fitness determination, whether the provisions of the VASRD §4.129 were applicable, and a disability rating recommendation in accordance with VASRD §4.130.  In this case, the PEB appropriately applied the VASRD §4.129, which placed the applicant on the TDRL with the required minimum of at least 50 percent disability rating for her unfitting MDD with GAD and PTSD condition.  The SRP agreed the overall record supported that at TDRL entry the applicant’s disability due to the MH condition was best rated 30 percent [occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care and conversation normal)].  Therefore, IAW VASRD §4.129, the SRP unanimously concluded there was insufficient cause to recommend a change in the PEB adjudication for the applicant’s MH conditions at TRRL entry.  

The SRP next reviewed whether there was evidence in the record to support a disability rating higher than 30 percent or 50 percent at permanent separation.  The applicant was able to make efforts to obtain information regarding job changes and housing options.  She also reported making efforts to improve her situation by joining a church and was noted to have developed a significant relationship that she wished to continue.  During the TDRL period, the applicant socialized daily at lunch with friends and went out after work approximately weekly.  At the time of her TDRL exit, she had moved out of her parent’s house and was living in her own apartment.  Her post-separation TDRL VA C&P examination indicated she was involved in a significant relationship and was participating in a business program for women.  The Panel agreed that the applicant’s disability due to the MH condition at her TDRL exit met the 30 percent rating and did not meet the 50 percent rating IAW VASRD §4.130.  The SRP recommends there be no change to the applicant’s disability or separation determination.  

A complete copy of the PDBR SRP evaluation is at Exhibit C.


APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluations was forwarded to the applicant on 15 Apr 15, for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.


THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of PDBR SRP and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error of injustice.  Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the requested relief.


THE BOARD DETERMINES THAT:

The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.


The following members of the Board considered AFBCMR Docket Number BC-2014-02668 in Executive Session on 11 Jun 15, under the provisions of AFI 36-2603:

	Panel Chair
	Member
	Member

The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 11 Jun 13, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Memorandum, PDBR SRP, dated 31 Mar 15.
	Exhibit D.  Letter, SAF/MRBR, dated 15 Apr 15.