BOARD DATE: 17 September 2015 DOCKET NUMBER: AR20150014155 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 MH condition during processing through the Integrated Disability Evaluation System (IDES). The evidence of the available records show the diagnoses of post-traumatic stress disorder (PTSD), major depressive disorder (MDD), and intermittent explosive disorder were rendered during the IDES process. The Physical Evaluation Board (PEB) subsumed MDD and intermittent explosive disorder as comorbid conditions under PTSD. The SRP agreed there were no inappropriate changes in diagnosis, 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 Diagnosis Review Project. The SRP concluded that the PEB properly subsumed MDD and intermittent explosive disorder under PTSD. 3. The SRP agreed that the PEB adjudication of unfitting PTSD was supported by the evidence. The applicant met diagnostic criteria for PTSD; therefore, the diagnosis of PTSD was the appropriate diagnosis, and the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were correctly applied at Temporary Disability Retired List (TDRL) entry. 4. The SRP noted that because total psychiatric impairment (regardless of co-existing MH diagnoses) is subsumed under a single rating, the presence of multiple MH diagnoses is irrelevant to the rating. The PEB adopted the VA proposed 70 percent rating. However, the SRP must consider whether the VASRD section 4.130 criteria for a 100 percent rating is reasonably satisfied by the evidence at TDRL placement. The higher 100 percent rating is for “total occupational and social impairment.” The SRP agreed that there was insufficient cause to recommend a change in the PTSD rating at the time of entry on TDRL. 5. Regarding the permanent rating recommendation, the record adequately demonstrated that the applicant continued to meet diagnostic criteria for PTSD. The SRP therefore concluded that the record in evidence did not support a rating higher than 70 percent at the time of removal from TDRL. After due deliberation, considering all of the evidence and mindful of VASRD section 4.3, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the PTSD condition. 6. 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 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150014155 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1