IN THE CASE OF: BOARD DATE: 22 October 2015 DOCKET NUMBER: AR20150014924 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 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 mental health diagnosis was changed during that process. 3. The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health 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 a mental health condition during processing through the military disability system. 2. The Department of Defense memorandum, dated 27 February 2013, directed the Service Secretaries to conduct a review of mental health diagnoses for service members completing a disability evaluation process between 11 September 2001 and 30 April 2012 in order 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 be no change of the applicant’s disability and separation determination. 2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the mental health condition during processing through the military pilot Disability Evaluation System (DES). A diagnosis of depression not otherwise specified (NOS) was rendered by the Medical Evaluation Board during the DES process. The SRP agreed that there were no inappropriate changes in diagnosis to the applicant’s possible disadvantage while processing through the DES. Therefore the applicant did not meet the inclusion criteria in the Terms of Reference of the mental health Diagnosis Review Project. 3. The SRP noted during the interim period between placement on the Temporary Disability Retired List (TDRL) and removal from TDRL, the Department of Veterans Affairs (VA) examiners diagnosed anxiety disorder and post-traumatic stress disorder (PTSD). However, because total psychiatric impairment (regardless of co-existing mental health diagnoses) was subsumed under a single rating, the presence of multiple mental health diagnoses was irrelevant to rating. The SRP considered whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 (mental disorder due to a highly stressful event) were applicable for the unfitting mental health condition. The Physical Evaluation Board noted the onset of symptoms was not related to an acute traumatic stressor. The SRP agreed that VASRD Section 4.129 was not applicable. 4. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 30 percent at the time of TDRL placement. The next higher 50 percent rating was for “occupational and social impairment, with reduced reliability and productivity.” Available treatment records during the time leading up to TDRL placement recorded no history of suicide attempts, no psychiatric hospitalizations, no domestic violence, no legal issues, and no visits to the emergency room for panic attacks or other mental health concerns. He was working long hours and was happy at home with his family and engaged in leisure activities. The SRP concluded the record in evidence did not support a higher than 30 percent rating at TDRL placement and there was insufficient reasonable doubt for recommending a 50 percent TDRL entry rating. 5. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at the time of removal from the TDRL. The TDRL re-evaluation examiner stated that findings showed a slightly depressed mood, a normal mental status exam and a Global Assessment of Functioning score consistent with that assessment. There was no evidence of 70 percent threshold symptoms such as suicidal ideation, obsessional rituals, illogical or irrelevant speech, spatial disorientation, or neglect of personal appearance and hygiene. The SRP concluded that there was insufficient reasonable doubt (in accordance with VASRD Section 4.3) for recommending a 70 percent TDRL removal rating and that the record in evidence best supported the 50 percent criteria at TDRL removal. 6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication of the applicant’s MH condition at the time of permanent retirement. 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 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) AR20040003532 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150014924 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1