RECORD OF PROCEEDINGS
PHYSICAL DISABILITY BOARD OF REVIEW
NAME: BRANCH OF SERVICE: army
CASE NUMBER: PD0900152 COMPONENT: regular
BOARD DATE: 20090624 SEPARATION DATE: 20040905
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SUMMARY OF CASE: This covered individual (CI) was an E-4 Armor Crewman medically separated from the Army in 2004 after. The medical basis for the separation was Post Traumatic Stress Disorder (PTSD). CI had multiple direct fire stressor events in Iraq with stress symptoms treated in AOR and return to convoy duty multiple times. Increased symptoms and suicide attempt led medical evacuation from theater and inpatient psychiatric hospitalization. Treatment decreased, but did not resolve CI’s symptoms. CI was referred to the PEB, found unfit and separated at 10% disability. The VA initially rated CI’s PTSD at 70% which was later raised to 100%. The CI contends for a higher rating for PTSD; VA rated 70%, Army rated 10%.
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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. No conditions other than PTSD were contended, nor did any other VA rated condition appear to rise to the unfitting level. Independently rating the MEB exam/NARSUM IAW the VASRD justified a 30% rating; However, IAW §4.129 Mental disorders due to traumatic stress, CI should be placed on TDRL at a 50% rating until a follow-up evaluation within the 6 month period after discharge. The first PTSD evaluation following discharge was the VA exam of 20050419 (7 months post discharge). The VA rated that PTSD exam at 70% ‘due to symptoms more closely approximating the criteria for a 70% evaluation’. In independently rating the details from the 20050419 exam, the Board concluded that the record supported only a 50% rating. CI’s later exams (20050822) demonstrated worsening of PTSD and his VA PTSD rating was increased to 100%. The Board agreed that CI’s PTSD worsened to at least the 70% level by 20050822. However, the exam of 20050419 was closest to the time provisions of §4.129, and that later rating changes indicated worsening of symptoms and were not reflective of CI’s condition at the 6-month post discharge timeframe.
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RECOMMENDATION: The Board recommends that the CI’s prior separation be recharacterized to reflect that rather than discharge with severance pay, the CI was placed on the TDRL at 50% for a period of 6 months (PTSD at 50% IAW §4.129 and DoD direction) and then permanently retired by reason of physical disability with a final 50% rating as indicated below.
| Unfitting Condition | VASRD Code | TDRL Rating | Permanent Rating |
|---|---|---|---|
| PTSD | 9411 | 50% | 50% |
| COMBINED | 50% | 50% |
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The following documentary evidence was considered:
Exhibit A. DD Form 294, dated 20090214, w/atchs.
Exhibit B. Service Treatment Record.
Exhibit C. Department of Veteran's Affairs Treatment Record.
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