DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DC 20370-5100 Docket No. 13827-10
7 June 2011
This is in reference to your application for correction of your naval
record pursuant to the provisions of title 10 of the United States
Code, section 1552.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 26 May
2011. Your allegations of error and injustice were reviewed in
accordance with administrative regulations and procedures
applicable to the proceedings of this Board. Documentary material
considered by the Board consisted of your application, together with
all material submitted in support thereof, your naval record and
applicable statutes, regulations and policies.
After careful and conscientious consideration of the entire record,
the Board found that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You served on active duty in the Marine Corps from 29 December 2003
to 28 December 2007, when you were voluntarily released from active
duty at the completion of your required period of active service.
You were assigned a reentry code of RE-1A to indicate that you were
gualified and eligible for reenlistment. On 25 January 2008, the
Department of Veterans Affairs (VA) awarded you a disability rating
of 30% for posttraumatic stress disorder effective 29 December 2007.
On 8 November 2008, the VA increased that rating to 50% and made it
effective from 5 September 2008.
Your receipt of disability ratings from the VA for posttraumatic
stress disorder is not probative of the existence of error or
injustice in your naval record because the VA awarded those ratings
without regard to the issue of your fitness for military duty on the
date of your release from active duty. The fact that you were
initially awarded a rating of 30% suggests that VA rating officials
did not believe your condition was severe enough to have caused your
release from active duty, which would have required a rating of 50%
or higher under the provisions of 38 Code of Federal Regulations
4.129. Notwithstanding your contention to the contrary, you did
undergo mental health screening while on active duty. During July
2006, you were given a diagnosis of “combat stress reaction” and
recurrent major depressive disorder which existed prior to your
enlistment. You were prescribed anti-depressant medication at that
time, and instructed to return if your symptoms worsened. Notably,
you failed to disclose the disqualifying diagnosis of major
depressive disorder when you completed a Report of Medical History
on 6 November 2003 in connection with your application for
enlistment. It appears that VA rating officials either overlooked
or disregarded your pre-service history of a mental disorder, as VA
rating officials attributed all of your psychiatric symptoms to the
effects of posttraumatic stress disorder.
In the absence of evidence which demonstrates that, on 28 December
2003, you were unfit to reasonably perform the duties of your rank
by reason of physical disability that was incurred in or aggravated
by you service in the Marine Corps, the Board was unable to recommend
favorable action on your request. Accordingly, your application has
been denied. The names and votes of the members of the panel will
be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the Board
reconsider its decision upon submission of new and material evidence
or other matter not previously considered by the Board. In this
regard, it is important to keep in mind that a presumption of
regularity attaches to all official records. Consequently, when
applying for a correction of an official naval record, the burden
is on the applicant to demonstrate the existence of probable material
error or injustice.
Sincerely,
Executive Director
AF | PDBR | CY2010 | PD2010-00317
The severity of the CI’s symptoms at the time of the MEB psychiatric NARSUM three months prior to separation was documented as moderate by the examiner. He denied suicidal ideation, but had thoughts of hurting others. Pre-separation documentation records satisfactory performance of duties, and VA evidence 11 to 15 months post-separation reflects status as a full-time student (the later C&P examination in December 2008 documented CI report of difficulties with school due to his symptoms).
NAVY | BCNR | CY2009 | 11128-09
, The Board concluded that in view of your failure to disclose your pre-service history of posttraumatic stress disorder when you applied for enlistment, it would not be in the interest of justice to correct your record to show that you were retired by reason of physical disability due to posttraumatic stress disorder. In the Board’s opinion, the provisions of title 38, Code of Federal Regulations, part 4.129 (38CFR4.129) required VA rating officials to apply a convalescent rating, rather...
AF | PDBR | CY2010 | PD2010-00678
The informal PEB (IPEB) adjudicated “PTSD associated with panic disorder” condition as unfitting and rated 30% with a 20% deduction for aggravating/contributing factor, for a compensable disability rating of 10%; with application of DoDI 1332.39 (E2.A1.5). In the matter of the generalized Anxiety Disorder condition, the Board unanimously agrees that it cannot recommend a finding of separately unfitting for additional rating at separation as it is a mental health disorder and considered with...
AF | PDBR | CY2009 | PD2009-00715
CI CONTENTION : The CI states: ‘’I was separated with a 10% disability rating as indicated by the 19 November 2007 Physical Evaluation Board finding. At the time of the VA PTSD C&P examination on 17 September 2008, seven months after separation, the CI was working full time, remained on medication, and was in treatment for his mental health condition. Subj: PHYSICAL DISABILITY BOARD OF REVIEW (PDBR) RECOMMENDATIONS
AF | PDBR | CY2011 | PD2011-00339
The most proximate source of comprehensive evidence on which to base the permanent rating recommendation in this case are the TDRL narrative summary (NARSUM), performed eleven months prior to TDRL exit, the FPEB testimony recorded on the FPEB rationale, the VA psychiatric exam performed four months after TDRL exit, and several VA outpatient notes within one year of TDRL exit that contribute to the CI’s impairment picture at final separation. The examiner diagnosed major depressive disorder...
AF | PDBR | CY2010 | PD2010-01281
In the matter of the dysthymic/anxiety disorder, the Board by a 2:1 vote recommends an initial TDRL rating of 50% in retroactive compliance with VASRD §4.129 as DOD directed, and a 30% permanent rating (with a change in diagnosis to posttraumatic stress disorder, code 9411) IAW VASRD §4.130. After careful consideration of your application and treatment records, the Physical Disability Board of Review determined that the rating assigned at the time of final disposition of your disability...
AF | PDBR | CY2013 | PD-2013-01644
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of theVeterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows, effective as of the date of her prior medical separation: I have carefully reviewed the evidence of record and the...
AF | PDBR | CY2013 | PD-2013-01338
On admission the CI reported worsening depression and anxiety symptoms, auditory hallucinations of people calling her name and anger episodes involving hurting herself, though she denied SI or homicidal ideation (HI). 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.The Board did not...
AF | PDBR | CY2010 | PD2010-01022
Since this was not the case, the Board will rate the total psychiatric impairment as if the two conditions were a single unfitting condition under code 9411 for PTSD with MDD. After this examination his VA disability rating was increased to 100% for an exacerbation of his condition and was not considered permanent. At the time of his separation from the TDRL in 2008 his VA disability rating was 70%.
AF | PDBR | CY2010 | PD2010-01268
There was mild social impairment, but no documented occupational impairment. In the matter of the headache and hypertension conditions, or any other medical conditions eligible for Board consideration; the Board unanimously agrees that it cannot recommend any findings of unfit for additional service disability rating. RECOMMENDATION : The Board recommends that the CI’s prior separation be modified to reflect that the CI was placed on the TDRL at 50% for a period of 6 months (PTSD at 50%...