IN THE CASE OF:
BOARD DATE: 28 May 2014
DOCKET NUMBER: AR20140006925
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 of the applicant's disability and separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses; the physical evaluation board (PEB) fitness determination; whether the provisions of the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (VASRD), section 4.129, were applicable; and a disability rating recommendation in accordance with VASRD, section 4.130. The SRP considered the appropriateness of the changes in the MH diagnoses and a disability rating recommendation in accordance with VASRD, section 4.130.
3. The SRP noted the medical evaluation board (MEB) forwarded the MH diagnoses of depressive disorder and anxiety disorder (not otherwise specified (NOS)) to the PEB for adjudication. The PEB adjudicated the applicant for the diagnosis of anxiety disorder (NOS) associated with depressive disorder (NOS) and pain disorder associated with both psychological factors and a general medical condition at Temporary Disability Retired List (TDRL) entry.
4. The SRP determined that while the description changed at TDRL entry, the severity of the diagnosis did not and these changes were semantic without impact on the level of disability awarded. The SRP also noted the VA carried a working diagnosis of post-traumatic stress disorder (PTSD) and this was the diagnosis made by the VA Compensation and Pension (C&P) examiner.
5. The SRP observed that the applicant was thought not to meet the diagnosis of PTSD at multiple visits in the military health care system with both psychiatrists and psychologists. The VA MH provider was a social worker. The SRP found no evidence that the diagnosis of PTSD was made by either a psychologist or psychiatrist prior to the VA C&P examination which was accomplished by a psychologist. The SRP noted the diagnosis was made after separation and was based on a history which was not consistent with that provided to other MH providers prior to separation.
6. The SRP determined that no MH diagnoses were changed to the applicant's possible disadvantage in the disability evaluation process. Therefore, the applicant did not meet the inclusion criteria in the terms of reference of the MH review project. As already noted, the PEB did apply VASRD, section 4.129, and the applicant was on the TDRL for more than the minimum 6 months directed by DOD policy and DOD Instruction 1332.38.
7. The SRP then considered the rating in accordance with VASRD, section 4.130, and noted that both the MEB and VA examiners used the description for a 30-percent rating disability. The applicant had marital conflict, but this predated his deployment and, in fact, he reported that his wife moved out while he was deployed. He was able to move to San Diego and had a friend there with whom he stayed. He was not employed, but was looking for a job. He had started but stopped attending school, citing difficulty with concentration. The SRP observed that he had discontinued college before and that difficulty with concentration had not been noted in the MH examinations.
8. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the evidence did not support a rating higher than the 50 percent adjudicated by both the PEB in accordance with VASRD, section 4.129, and the VA in accordance with VASRD, section 4.130.
9. 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) AR20140006925
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140011252
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. After a comprehensive review of the applicant's case, the SRP by majority vote recommends that the applicant's prior separation be modified to reflect a Temporary Disability Retired List (TDRL) rating of 50 percent, in accordance with of Department of Veterans Affairs (VA)...
ARMY | BCMR | CY2014 | 20140011252
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. After a comprehensive review of the applicant's case, the SRP by majority vote recommends that the applicant's prior separation be modified to reflect a Temporary Disability Retired List (TDRL) rating of 50 percent, in accordance with of Department of Veterans Affairs (VA)...
ARMY | BCMR | CY2014 | 20140010890
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. The SRP considered the appropriateness of changes in the MH diagnoses, Physical Evaluation Board (PEB) fitness determination, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable, and whether a...
ARMY | BCMR | CY2014 | 20140015794
The SRP reviewed the records for evidence of inappropriate changes in or elimination of diagnoses of the MH condition to the possible disadvantage of the applicant during processing through the military Integrated Disability Evaluation System (IDES). Both the MEB and the VA examiners specifically noted that the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision, (DSM-IV-TR) diagnostic criteria for PTSD were not met. The SRP next considered if the evidence...
ARMY | BCMR | CY2014 | 20140014433
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. 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...
ARMY | BCMR | CY2014 | 20140014433
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. 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...
ARMY | BCMR | CY2015 | 20150006052
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation...
ARMY | BCMR | CY2015 | 20150005732
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military...
ARMY | BCMR | CY2014 | 20140013545
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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES). The SRP considered the record in evidence and determined that there was insufficient evidence...
ARMY | BCMR | CY2014 | 20140010672
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The SRP reviewed the records for evidence of changes in diagnosis of the MH condition during the applicant's processing through the military Integrated Disability Evaluation System (IDES). After due deliberation in consideration of the preponderance of the evidence, the SRP determined that there was insufficient reasonable doubt in accordance with VASRD Section 4.3 for...