IN THE CASE OF:
BOARD DATE: 4 December 2013
DOCKET NUMBER: AR20130019368
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 applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. A copy of the SRP recommendation was forwarded to the applicant.
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 PDRB 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 applicants case, the SRP recommended by unanimous vote that his prior determination be modified to reflect dysthymia with anxiety condition, Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) code 9413, be rated at 50% rather than 30%, effective as of the date of his prior medical retirement.
2. The SRP considered the appropriateness of changes in mental health diagnoses, whether the provisions of the VASRD §4.129 were applicable and a disability rating recommendation in accordance with VASRD §4.130.
3. The SRP agreed with the Diagnostic Variance Memo which stated that while bipolar disorder could not be entirely ruled out, there did not appear to be sufficient findings to confirm it. The SRP agreed that the behavioral health narrative summary (NARSUM) report was more comprehensive and inclusive of the applicant's symptoms than the VA report.
4. The SRP agreed with the NARSUM conclusions that there was insufficient evidence of symptoms to qualify for a diagnosis of post-traumatic stress disorder (PTSD) and that anxiety disorder not otherwise specified was therefore a better fit.
5. The SRP considered the entirety of the record and deliberated if the rating at the time of separation was more consistent with the awarded 30% rating or if the record supported a higher rating of 50% or 70%, when the additional hospitalizations were considered.
6. After due deliberation in consideration of the evidence, the SRP concluded the degree of disability at the time of the medical evaluation board (MEB) and VA exams was appropriately adjudicated at 30% but that at the date of separation it more nearly approximated 50% as reflected in the additional psychiatric hospitalizations, the frequency of panic attacks, and the degree of mood disturbance. There was insufficient evidence to support a 70% rating.
7. The available evidence shows the SRPs assessment should be accepted.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by modifying his prior determination to reflect his dysthymia with anxiety condition, VASRD code 9413, was rated at 50% rather than 30%, effective as of the date of his prior medical retirement.
_______ _ 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) AR20130019368
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