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AF | PDBR | CY2009 | PD2009-00008
Original file (PD2009-00008.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
                     PHYSICAL DISABILITY BOARD OF REVIEW

NAME:       BRANCH OF SERVICE: army
CASE NUMBER:  PD0900008           COMPONENT: reserve
BOARD DATE: 20090609         SEPARATION DATE: 20060803

_________________________________________________________________

SUMMARY  OF  CASE:   This  covered  individual  (CI)  was  an  Army  2LT/O1E
medically separated from the Army in 2006 after 7 years of  active  service.
The medical basis for the separation was chronic right  hip  pain  and  Post
Traumatic Stress Disorder (PTSD).   CI was an enlisted Army reservist  (SSG)
medically evacuated from Iraq for a  right  hip  injury.   CI  had  abnormal
imaging studies and arthroscopic surgery did not resolve his pain.   Due  to
his hip profile, CI could not attend Officer Basic  Course  and  it  appears
that  as  the  MEB  evaluation  started,  multiple  symptoms  of  PTSD   and
depression came to light and PTSD with major depression was  diagnosed.   CI
was referred to the PEB, found unfit and separated  at  10%  disability  for
his hip and 0% for his PTSD.  Both the PEB and VA rated  the  right  hip  at
10%.  The PEB specifically noted  that  non-compensable  diagnosis  (alcohol
dependence) and family issues were considered in  the  final  0%  rating  of
PTSD.   The  VA  rated  PTSD  as  50%.   The  VA  also  rated  non-unfitting
conditions of hypertension and left shoulder impingement each at  10%.   The
CI contends that PTSD and Major Depression were not rated, or  rated  at  0%
by the PEB, and that the VA rated him at 50% (for PTSD/depression).

_________________________________________________________________

BOARD FINDINGS:  IAW DoDI 6040.44, provisions of DoD or Military  Department
regulations or guidelines relied upon by the PEB will not be  considered  by
the Board to the extent they were inconsistent with the VASRD in  effect  at
the time of the adjudication.  Hypertension and  left  shoulder  impingement
are rated by the VA, but neither would be unfitting and are  not  contended.
The VA rated the CI’s right hip at 10% under a similar code to the PEB,  and
this is not contended.

Regarding PTSD, the PEB specifically  mentioned  ‘non-compensable  diagnosis
and family issues which are considered in  the  final  rating.’   There  was
likely heavy reliance on the commander’s  comments  indicating  disagreement
with adding PTSD and depression to the board proceedings  and  that  CI  was
trying to end his career due to marital  issues,  depression  and  substance
abuse.  The commander noted that no physical  issues  interfered  with  CI’s
duties.   CI  clearly  met  the  diagnostic  criteria  for  both  PTSD   and
depression and they were found to be unfitting by the PEB.  Marital  issues,
depression and substance abuse  as  noted  by  the  commander  are  frequent
manifestations of PTSD and both military and VA  psychiatrists  opined  that
CI’s  alcohol  abuse  was  self-medication  for  the  CI’s   mental   health
conditions.  The Board therefore  did  not  support  rating  deductions  for
either alcohol dependence  (non-compensable  diagnosis)  or  family  issues.
Appling the VASRD General Rating Formula for  Mental  Disorders,  the  signs
and symptoms noted in the military records validate between a  30%  and  50%
rating.  Applying the signs and symptoms from the  VA  detailed  psychiatric
examination of 20070301 (~7  months  following  service  discharge)  the  VA
rated the CI at 50% by schedule criteria alone.  The  VA  did  not  rely  on
§4.129, Mental disorders  due  to  traumatic  stress,  which  calls  for  an
initial  minimum  50%  rating  on  Service  discharge  until   a   follow-up
evaluation.  The Board unanimously agreed that the 20070301  evaluation  was
the best indicator for CI’s disability at 6-months  post-service  discharge.
The Board did not agree with the VA’s 50% rating of  that  evaluation.   The
Board independently rated the VA mental health evaluation and by a  majority
rated the CI  under  code  9411  at  30%.   The  single  voter  for  dissent
(recommended  rating  PTSD/depression  at  50%)  elected  not  to  submit  a
minority opinion.

_________________________________________________________________

RECOMMENDATION: The Board recommends that the CI’s  prior  determination  be
modified as follows; TDRL at 60% for  6  months  following  the  CI’s  prior
medical separation (PTSD at minimum of 50% IAW §4.129  and  DoD  direction),
and then a permanent PTSD rating  of  30%  for  a  combined  40%  disability
retirement as below.

|Unfitting Condition                     |VASRD Code |TDRL   |Permanent  |
|                                        |           |Rating |Rating     |
|Chronic Right hip pain due to labral    |5009-5003  |10%    |10%        |
|tear, onset while deployed to Iraq      |           |       |           |
|PTSD associated with depression arising |9411       |50%    |30%        |
|from wartime duty in Iraq               |           |       |           |
|COMBINED   |60%    |40%        |

_________________________________________________________________


The following documentary evidence was considered:

Exhibit A.  DD Form 294, dated 20090114, w/atchs.
Exhibit B.  Service Treatment Record.
Exhibit C.  Department of Veteran's Affairs Treatment Record.




      MICHAEL F. LoGRANDE
      President
            Physical Disability Board of Review
[pic]

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