IN THE CASE OF:	   

		BOARD DATE:	  23 July 2014

		DOCKET NUMBER:  AR20140010881 


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 unanimous vote that there should be no change to the applicant's disability and retirement determination.

2.  The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES).  The evidence of the available records shows the diagnoses of Post-Traumatic Stress Disorder PTSD and panic disorder without agoraphobia were rendered during processing through the DES. 

3.  The SRP agreed there were no inappropriate changes in diagnoses and, therefore, determined that MH diagnoses were not changed to the applicant’s possible disadvantage in the disability evaluation.  Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.

4.  The SRP agreed that Physical Evaluation Board (PEB) adjudication of unfitting PTSD was supported by the evidence.  The applicant appeared to have met the Diagnostic and Statistical Manual for Mental Disorders IV TR            (DSM-IV TR) diagnostic criteria for PTSD; therefore, the diagnosis of PTSD was the appropriate diagnosis, and application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 was correct at Temporary Disability Retired List (TDRL) entry.

5.  The SRP carefully reviewed the evidence for a separate diagnosis of panic disorder with agoraphobia and determined the diagnosis was appropriately rendered and appropriately adjudicated as a co-morbid condition.  The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at time of placement on the TDRL.  The higher rating is for "Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood.”  Available treatment records at the time leading up to TDRL entry recorded no history of suicidal attempts, no psychiatric hospitalizations, no visits to the emergency room for panic attacks or other MH concerns; the applicant’s panic attacks had decreased to less than one per week, and there was no evidence of impairment in thinking or judgment recorded in any of the mental status examinations.  No MH condition was ever profiled.

6.  The SRP determined that there was insufficient reasonable evidence for recommending a higher TDRL entry rating and concluded that the record in evidence best supported the 50 percent rating for TDRL entry. 

7.  The available evidence shows the SRP's 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)                                  AR20140010881



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