IN THE CASE OF:
BOARD DATE: 29 January 2014
DOCKET NUMBER: AR20130021916
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.
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 applicants case, the SRP determined by unanimous vote that the applicant's unfitting mental health (MH) condition diagnosis be changed to Post Traumatic Stress Disorder (PTSD), coded 9411.
2. The SRP considered the appropriateness of changes in the MH diagnoses, the PEB fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) §4.129 were applicable and a disability rating recommendation in accordance with VASRD §4.130. Also, the SRP considered the criteria for diagnosis according to the Diagnostic and Statistical Manual for Mental Disorders IV TR.
3. The PEB determined the applicants MH condition to be unfitting at Temporary Disability Retired List (TDRL) entry and exit. The initial diagnosis was PTSD, but changed by the treating psychiatrist to Major Depressive Disorder (MDD) during the Medical Evaluation Board (MEB) process. The SRP determined that the applicants MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process (DES). Therefore, the applicant did meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Project.
4. The VASRD §4.129 does not specify a diagnosis of PTSD, rather it states "mental disorder due to a highly stressful event," and its application is not restricted to PTSD. The SRP concludes that sufficient evidence supports that a highly stressful event severe enough to bring about the applicants release from active military service did occur and that the application of §4.129 is appropriate. However, in this case the minimum requirements to satisfy §4.129 have been exceeded and it provides no benefit to the applicant.
5. Additionally, the SRP considered the rating under VASRD §4.130 for both the applicants TDRL entry and exit. The SRP determined the 70 percent disability rating, but determined that the description for a 50 percent level "occupational and social impairment with reduced reliability and productivity" best fit the disability at the time of TDRL entry. The applicants TDRL exit psychiatric NARSUM was dictated 3 months prior to TDRL exit and permanent separation. The SRP considered the descriptions for both the 30 percent and 50 percent
disability ratings. After due consideration, it determined that the description for the 30 percent rating best fit the level of disability present at TDRL exit.
6. 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 the applicant's unfitting MH condition diagnosis be changed to PTSD, coded 9411.
__________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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130021916
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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