IN THE CASE OF:
BOARD DATE: 9 July 2014
DOCKET NUMBER: AR20140009113
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 to the applicant's disability and retirement determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD section 4.130 was made.
3. The SRP reviewed the multiple MH diagnoses noted on core Disability Evaluation System documents. Post-Traumatic Stress Disorder (PTSD) was listed on the Medical Evaluation Board (MEB). The psychiatric narrative summary (NARSUM) listed an initial diagnosis of major depressive disorder (MDD) and alcohol dependence, but the final revised diagnosis was Bipolar I disorder and alcohol dependence. The clarification to the NARSUM listed only Bipolar I disorder. The MEB forwarded Bipolar I disorder and the PEB adjudicated Bipolar I disorder. The SRP agreed that the MH diagnosis change was not to the applicants possible disadvantage. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP considered the criteria for a PTSD diagnosis according to the Diagnostic and Statistical Manual for Mental Disorders IV (DSM-IV). The SRP also considered that the notes in the service training records did not indicate evidence meeting DSM-IV diagnostic criteria for PTSD. The SRP agreed that the evidence in the record did not support a diagnosis of PTSD.
5. The SRP noted that the applicants MH symptoms emerged following a second deployment in proximity to an area where he had previously experienced highly-traumatic events during his first deployment and that the applicant related his current symptoms to the events during his first deployment. The SRP concludes that there was not sufficient evidence to support a conclusion that a highly-stressful event severe enough to bring about the Veterans release from active military service occurred and that the application of VASRD section 4.129 is not indicated in this case.
6. The SRP next considered if there was evidence for a higher rating than 30 percent. The SRP agreed the evidence in the record supports that at the time of Temporary Disability Retired List (TDRL) entry the applicant was experiencing occupational and social impairment with occasional decrease in performance; however, the evidence did not support a higher rating. The SRP recommends no change to the PEB adjudication of the applicants MH condition at TDRL entry.
7. The SRP next reviewed to see if a preponderance of the evidence supported a higher evaluation at permanent separation, and found that it did not.
8. After due deliberation in consideration of the evidence in the record, the SRP agreed that the evidence in the record best supported a disability rating lower than 50 percent. However, the SRP may not recommend a lower combined rating than that of the PEB. Therefore, the SRP agreed that the 50% rating was applicable. The SRP recommends no change to the final PEB adjudication of the applicants MH condition.
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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140009113
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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