IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20140006644
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 in the physical evaluation board (PEB) adjudication of the temporary disability retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Integrated Disability Evaluation System (IDES). The available evidence of record shows the diagnoses of post-traumatic stress disorder (PTSD), major depressive disorder, depressive disorder (not otherwise specified), and generalized anxiety disorder were rendered during the IDES process.
3. The SRP carefully reviewed treatment records and noted the absence of evidence for a PTSD diagnosis. The primary complaint was sleep disturbance and her therapist did not diagnose PTSD. The psychiatrist diagnosed PTSD secondary to domestic violence; however, failed to demonstrate that the applicant fully met the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, diagnostic criteria. Symptoms recorded were bad dreams, sleep disturbance, hypervigilance, and hyper-arousal.
4. The SRP noted the Department of Veterans Affairs (VA) examiner considered a PTSD diagnosis and noted elevation on the PTSD screening; however, the diagnosis of PTSD was not rendered. The SRP agreed there was a change in diagnoses to the applicant's possible disadvantage because PTSD was a more serious diagnosis; however, clinical evidence did not support a PTSD diagnosis. Therefore, the applicant appeared to meet the inclusion criteria in the MH review project terms of reference.
5. The SRP agreed the PEB adjudication of the unfitting MH conditions was supported by the evidence and the application of the VA Schedule for Rating Disabilities (VASRD), section 4.129, was correct (mental disorders due to traumatic stress). The SRP considered whether there was evidence for a VASRD, section 4.130, rating higher than 50 percent at the time of placement on the Temporary Disability Retired List (TDRL). The higher 70-percent rating was for "occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood." Available treatment records prior to TDRL entry recorded no history of suicidal ideation, no psychiatric hospitalization, no visits to the emergency room, and no evidence of impairment in judgment or thinking. The commander's statement did not implicate an MH condition.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded the applicant's records in evidence best supported the
50-percent rating for TDRL entry and there was insufficient reasonable doubt for recommending a 70-percent TDRL entry rating in accordance with VASRD, section 4.3, and VASRD, section 4.7. There was no evidence of TDRL removal.
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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140006644
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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