IN THE CASE OF:  	  

		BOARD DATE:  11 August 2015	  

		DOCKET NUMBER:  AR20150000573 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests an increase of his physical evaluation board (PEB) disability rating from 30 percent to 50 percent. 

2.  The applicant states:

     a.  After his PEB hearing, he submitted a request for reconsideration through the Department of Veterans Affairs (VA).  The VA disregarded the facts presented to them and upheld the 30-percent disability rating for post-traumatic stress disorder (PTSD).

     b.  An independent psychologist evaluated him before his discharge, filled out VA Form 21-0960P-3 (Review PTSD Disability Benefits Questionnaire), and wrote a statement of support to increase his rating to 50 percent for PTSD.  The overall evidence showed the severity of his disability most closely approximated to the criteria for a 50-percent disability rating prior to his retirement for physical disability.   

3.  The applicant provides:

* VA Rating Decision, dated 12 November 2013
* VA Form 21-0960P-3
* statement from Dr. R.S.
* VA Form 21-4138 (Statement in Support of Claim)
* memorandum, subject:  VA Reconsideration Request for (Applicant), dated 13 December 2013 

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the Regular Army, the applicant enlisted in the U.S. Army Reserve on 2 August 1992.  He held military occupational specialty (MOS) 88N (Traffic Management Coordinator). 

2.  He served through multiple extensions in a variety of assignments, including service in Afghanistan from 27 June 2002 to 19 December 2002.  He attained the rank/grade of sergeant first class (SFC)/E-7. 

3.  He was ordered to active duty on 19 August 2004 and he served in Iraq from 26 October 2004 to 7 March 2006. 

4.  On 5 December 2013, a formal PEB convened, considered his case, and found his medically-unfitting conditions prevented him from performing the duties required by his MOS.

     a.  The PEB determined he was physically unfit due to PTSD and pulmonary embolism.  The condition of pulmonary embolism was determined not to be service connected and not compensable. 

     b.  He received a 30-percent disability rating for PTSD.

     c.  The PEB recommended permanent retirement due to physical disability.

     d.  The PEB recommended a disability rating of 30 percent. 

     e.  His condition and the disability percentage were determined by the VA.

     f.  The disposition recommendation was determined by the PEB based on the VA disability rating proposed and applicable statutes and regulations for the Integrated Disability Evaluation System (IDES) under the 19 December 2011 Under Secretary of Defense Policy and Procedure Directive Memorandum Number 11-015 effective December 2011.

     g.  On 6 December 2013, he concurred with the PEB's findings and recommendations and requested his case be reconsidered by the VA.

5.  A memorandum, subject:  VA Reconsideration for (Applicant), issued by Soldiers’ PEB Counsel, Joint Base Lewis-McCord, WA, dated 13 December 
2013, requested the applicant’s disability rating for PTSD be increased from 
30 percent to 50 percent based on occupational and social impairment with reduced reliability and productivity.  

6.  The response from VA concerning the applicant’s request for reconsideration is not available for review by the Board; however, the applicant states the VA upheld the 30-percent disability rating for PTSD. 

7.  On 12 March 2014, the U.S. Army Physical Disability Agency reviewed his PEB processing and found it complied with the governing statutes and regulation. An official approved the PEB on behalf of the Secretary of the Army.  

8.  As evidence to support his application, he provided a letter from Dr. R.S., a psychologist, dated 24 March 2014, who stated, in part, that:

     a.  He observed a pronounced increase in severity of the applicant?s PTSD symptoms.  These included but were not limited to heightened level of anxiety; rigidity of thinking that at times lacked perspective; and often tangential, impaired attentional and memory issues that negatively affected judgement.

    b.  He continued to report intrusive thoughts and memories, sleep disruption, and disturbing dreams.  His bouts of depression appeared to be deeper, longer lasting, and contributed to loss of social, relational, and occupational interests and increased social withdrawal and isolation from others.  

    c.  In his clinical judgement, the increase in expression of symptoms was a result of significant changes in his life circumstances.  Most important was the decision by the Army that he be medically retired.  That represented not only a loss of employment but a loss of identity. 

     d.  In response to an abrupt end to a long military career, he appeared to have entered a period in his life that was accompanied by uncertainty, less structure, and feelings of loss of control in an unfamiliar environment.  These conditions had been shown to be particularly challenging to those with a diagnosis of PTSD. 

     e.  He recommended continued long-term intensive psychotherapy.  He further recommended he receive regular psychiatric assessments in relation to his psychotropic medication management.  

9.  Orders 065-05 issued by U.S. Army Physical Disability Agency, dated 
6 March 2014, show he was placed on the Retired List effective 10 April 2014 because of permanent physical disability with a physical disability rating of 
30 percent. 
10.  A VA Rating Decision, dated 12 November 2014, shows the VA changed the applicant?s service-connected disability rating for PTSD from 30 percent to 50 percent but did not address or change his DES rating.  The effective date of the change was 24 March 2014. 

11.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  If found unfit because of physical disability, this regulation provides for the disposition of the Soldier according to applicable laws and regulations. 

12.  Directive-type Memorandum (DTM) 11-015, in effect at the time, explained the IDES.  

	a.  The IDES is the joint DOD-VA process by which DOD determines whether wounded, ill, or injured service members are fit for continued military service and by which DOD and the VA determine appropriate benefits for service members who are separated or retired for a service-connected disability.  The IDES features a single set of disability medical examinations appropriate for fitness determination by the Military Departments and a single set of disability ratings provided by the VA for appropriate use by both departments.  Although the IDES includes medical examinations, IDES processes are administrative in nature and are independent of clinical care and treatment.

	b.  Unless otherwise stated in this DTM, DOD will follow the existing policies and procedures promulgated in DOD Directive 1332.18 (Disability Evaluation System (DES)) and the Under Secretary of Defense for Personnel and Readiness memoranda.  All newly-initiated, duty-related physical disability cases from the Departments of the Army, Air Force, and Navy at operating IDES sites will be processed in accordance with this DTM and follow the process described in this DTM unless the Military Department concerned approves the exclusion of the service member due to special circumstances.  Service members whose cases were initiated under the legacy DES process will not enter the IDES.

	c.  IDES medical examinations will include a general medical examination and any other applicable medical examinations performed to VA compensation and pension standards.  Collectively, the examinations will be sufficient to assess the member’s referred and claimed condition(s) and assist the VA in ratings determinations and assist military departments with unfit determinations. 

	d.  Upon separation from military service for medical disability and consistent with Board for Corrections of Military Records (BCMR) procedures of the Military Department concerned, the former service member (or his or her designated representative) may request correction of his or her military records through his or her respective Military Department BCMR if new information regarding his or her service or condition during service is made available that may result in a different disposition.  For example, a veteran appeals the VA’s disability rating of an unfitting condition based on a portion of his or her service treatment record that was missing during the IDES process.  If the VA changes the disability rating for the unfitting condition based on a portion of his or her service treatment record that was missing during the IDES process and the change to the disability rating may result in a different disposition, the service member may request correction of his or her military records through his or her respective Military Department BCMR.

	e.  If, after separation from service and attaining veteran status, the former service member (or his or her designated representative) desires to appeal a determination from the rating decision, the veteran (or his or her designated representative) has 1 year from the date of mailing of notice of the VA decision to submit a written notice of disagreement with the decision to the VA regional office of jurisdiction.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his PEB disability rating for PTSD should be increased from 30 percent to 50 percent was carefully considered.  

2.  His case was processed under the IDES.  This means he underwent an examination by the VA and upon completion the VA proposed a disability rating for the unfitting condition to the Military Department and a proposed disability rating for other service-connected disabling conditions, if applicable.  

3.  The VA proposed a rating of 30-percent for his unfitting condition of PTSD.  The PEB accepted and adopted this rating.  He was counseled and he concurred; however, he elected to request reconsideration of his VA rating prior to his separation. 

4.  The response from the VA concerning the applicant’s reconsideration request is not available for review; however, the applicant states the VA upheld the 
30-percent disability rating for PTSD.  He was subsequently retired with a permanent physical disability on 10 April 2014. 

5.  The VA Rating Decision he provides, dated 12 November 2014, changed his service-connected disability rating for PTSD but did not address or change his IDES rating effective 24 March 2014.  The DES guidance provided that after separation from service and attaining veteran status, if the former service member desires to appeal a determination from the rating decision, the veteran (or his or her designated representative) has 1 year from the date of mailing of notice of the VA decision to submit a written notice of disagreement with the decision to the VA regional office of jurisdiction.  The change in his service-connection rating has no bearing on his DES rating.  His rating for service-connection was changed.  His DES rating did not change. 

6.  In view of the foregoing, there is insufficient evidence to grant him the requested relief.  He has not shown his rating to be in error or unjust.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20150000573



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ABCMR Record of Proceedings (cont)                                         AR20150000573



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