BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20140009100
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 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 there be no change of the applicants disability and separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses, the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable, and a disability rating recommendation in accordance with VASRD Section 4.130.
3. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records showed that, during processing through the military DES, no change in the diagnosis of major depressive disorder (MDD) was made at any time. The SRP determined that, since no MH diagnoses were changed in the disability evaluation, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. The SRP concluded that there was not sufficient evidence to support a conclusion that there had occurred a highly stressful event during service severe enough to bring about the Veterans release from active military service due to a MH condition, and concluded that the application of VASRD Section 4.129 was not appropriate in this case.
4. The SRP deliberated if there was evidence for a VASRD Section 4.130 rating higher than 30 percent at the time of placement on Temporary Disability Retired List (TDRL). It was noted that there were no visits to the emergency room for MH treatment, no psychiatric hospitalization, no legal issues or incidents of domestic violence and no impairment in thinking. The absence of any threshold symptoms of the next higher 50 percent rating, for example, flattened affect, panic attacks more frequently than once per week, or difficulty in establishing and maintaining effective work and social relationships, was also considered. The SRP noted in the Service Treatment Records (STRs) that, as the applicant approached her date of placement on the TDRL, improvements in her condition were documented, in that the depression appeared to be in full remission at that time.
5. The SRP agreed that occupational and social impairment, other than occasional reduced reliability and productivity at work was not reflected in the evidence, and therefore agreed that a rating higher than 30 percent was not supported. The SRP also examined evidence upon which to base the permanent rating recommendation in the applicants case. At the Department of Veterans Affairs (VA) Compensation and Pension (C&P) examination, dated 30 December 2010, 18 months after placement on TDRL, but 20 months prior to her permanent retirement, the VA examiner noted an improvement in the applicants condition. The VA adjudicated a 30 percent rating based on this examination.
6. The SRP noted the final TDRL narrative summary (NARSUM), was not available for the SRP to review and cited in the PEBs remarks, also noted that the applicant experienced intermittent interference in daily activities and occasional decrease in work efficiency, and recommend permanent retirement at 30 percent. The SRP agreed that only occasional occupational and social impairment was reflected in the evidence, and that a rating higher than 30 percent was not supported.
7. 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 for the applicants mental health condition.
8. The available evidence shows the SRPs 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) AR20140009100
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140009051
The SRP considered the appropriateness of changes in the applicant's MH diagnoses and the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of VASRD Section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD Section 4.130 was made. The SRP then considered whether the evidence supported a permanent rating higher than the 30 percent adjudicated by the PEB at the time of the applicant's removal from the...
ARMY | BCMR | CY2014 | 20140009052
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. After a comprehensive review of the applicants case, the SRP recommended by unanimous vote that the applicants unfitting MH diagnosis be changed from anxiety to Post-Traumatic Stress Disorder (PTSD) at the time of placement on the Temporary Disability Retired List (TDRL)...
ARMY | BCMR | CY2014 | 20140009062
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. The SRP considered the appropriateness of changes in the MH diagnoses; the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129...
ARMY | BCMR | CY2014 | 20140013565
After a comprehensive review of the FSMs s case, the SRP determined by unanimous vote that there should be no change of the FSMs disability determination for the MH condition at the time of the physical evaluation board (PEB) adjudication in anticipation of Temporary Disability Retired List (TDRL) placement. The SRP agreed that the MH condition was stable and that VASRD Section 4.129 (mental disorders due to traumatic stress) was not applicable for this condition alone, since the FSM...
ARMY | BCMR | CY2014 | 20140010918
The SRP deliberated whether by a preponderance of evidence a service diagnosis of PTSD could be recommended in this case for a primary MH rating. The SRP agreed that a 100 percent recommendation for total occupational and social impairment at the time of TDRL placement was not indicated. A 70 percent recommendation (occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood) was likewise not supported given that...
ARMY | BCMR | CY2014 | 20140011591
The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). Because the applicant was referred into the DES process with a diagnosis of Post-Traumatic Stress Disorder (PTSD), but the VA examination (which was considered part of the DES process), narrative summary (NARSUM), medical evaluation board (MEB) and physical evaluation board (PEB) listed a diagnosis of major depression,...
ARMY | BCMR | CY2014 | 20140007675
The SRP considered the appropriateness of changes in the MH diagnoses; the physical evaluation board (PEB) fitness determination; if unfitting, whether the provisions of VASRD, section 4.129, were applicable; and a disability rating recommendation in accordance with VASRD, section 4.130. The SRP noted that while the PEB had placed the applicant on the TDRL, application of VASRD, section 4.129, required a minimum disability rating of 50 percent with re-evaluation. As a result, the Board...
ARMY | BCMR | CY2014 | 20140015303
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. At the time of permanent disability disposition and removal from the TDRL, the PEB rated the PTSD at 30 percent. Personality disorder was not noted to be a consistent diagnosis in prior or subsequent exams and the SRP discussed any potential decrease in PTSD rating under...
ARMY | BCMR | CY2014 | 20140007642
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. After a comprehensive review of the case, the SRP recommended by unanimous vote that the applicants prior determination be modified to reflect a TDRL rating of 50 percent rather than 30 percent for her PTSD condition, and no change to her prior permanent rating of 30 percent for the PTSD condition. As a result, the Board recommends that all Department of the Army records of...
ARMY | BCMR | CY2014 | 20140007892
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a 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 the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable, and a disability...