IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20140009079 


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 a review of the military disability evaluation pertaining to a mental health (MH) condition.

2.  The applicant states, in effect, the case file should be reviewed in accordance with the Secretary of Defense directive for a comprehensive review of members who were referred for a disability evaluation between 11 September 2001 and 30 April 2012 and whose MH diagnosis was changed during that process.

3.  The applicant submitted an application through the Department of Defense (DOD) Physical Disability Board of Review (PDBR) MH Special Review Panel (SRP).

CONSIDERATION OF EVIDENCE:

1.  The PDBR SRP conducted a comprehensive review of the applicant's submissions and records for evidence of inappropriate changes in the diagnosis of an MH condition during processing through the military disability system.

2.  The DOD memorandum, dated 27 February 2013, directed the Service Secretaries to conduct a review of MH diagnoses for service members completing a disability evaluation process between 11 September 2001 and 30 April 2012 to determine if service members were disadvantaged by a changed diagnosis over the course of their physical disability process.

3.  In the processing of this case, an advisory opinion was obtained from the PDBR SRP and the applicant was provided a copy.

4.  The applicant did not respond to the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  After a comprehensive review of the applicant's case, the SRP determined by majority vote that there should be no change to the applicant's disability and retirement determination.

2.  The SRP considered the appropriateness of changes in the MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD section 4.130 was made. 

3.  The SRP noted that although Post-Traumatic Stress Disorder (PTSD) had been an Axis I diagnosis made by the VA the SRP concluded that it did not appear that the diagnosis had been changed to the applicant’s disadvantage during the Disability Evaluation System processing.  Therefore, the applicant did not meet the inclusion criteria of the Terms of Reference of the MH Review Project.

4.  The SRP discussed the appropriateness of the MH diagnosis and noted that both the VA examiner and the writer of the narrative summary (NARSUM) agreed that the applicant suffered from major depressive disorder (MDD).  However, the VA examiner, a psychologist, felt that the condition also fulfilled criteria for a diagnosis of PTSD whereas the NARSUM examiner, a psychiatrist, specifically stated that while the condition might have qualified for that diagnosis previously there was insufficient evidence to support it at the time of her examination.

5.  The SRP also noted that the finding of “psychotic features” documented in the VA report appeared inconsistent with the remainder of the treatment record.  The SRP observed that the symptoms described at the time of the NARSUM exam were adequately accounted for by the diagnosis of MDD.  The SRP unanimously concluded that there was not a preponderance of the evidence sufficient to change the PEB diagnosis to PTSD. 

6.  The SRP majority members determined that the available data did not support a disability rating higher than 30 percent at the time of separation.  However, the remaining member concluded that a rating of 50 percent more accurately reflected the impact of the MH condition and submitted a minority opinion. 
7.  The available evidence shows the SRP's majority assessment should be accepted.

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 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)                                         AR20040003532



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ABCMR Record of Proceedings (cont)                                  AR20140009079



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