BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20140009140
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, 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 noted the evidence of the available records shows that diagnoses of bipolar disorder and Post-Traumatic Stress Disorder (PTSD) were referred to the Medical Evaluation Board (MEB) and were changed to major depressive disorder and personality disorder by the Integrated Disability Evaluation System (IDES) VA examiner. The SRP concluded the MH diagnosis was changed in the disability evaluation process. Therefore, the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP considered that the VA examiner clearly and meticulously detailed all of the diagnostic criteria for PTSD and specifically described the absence of several of those criteria. The lack of support for the PTSD diagnosis, and for the diagnosis of bipolar disorder, was furthermore confirmed by the service psychiatrist. The SRP agreed that the preponderance of evidence favors major depressive disorder as the correct diagnosis at the time of the IDES process and entry onto Temporary Disability Retired List (TDRL).
5. The SRP notes that the disability associated with all psychiatric conditions, regardless of the diagnosis or multiple diagnoses, is subsumed under a single rating using the same criteria in accordance with VASRD section 4.130. Therefore, the applicants disability rating assigned by the Physical Evaluation Board (PEB), and the recommendation from the Panel, will be unaffected by the specific psychiatric diagnosis determined to be unfitting by the Service.
6. The SRP then considered if there was evidence for a higher rating. The SRP agreed that a rating higher than 70% at the time of placement on TDRL was not supported. 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 MH conditions.
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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ABCMR Record of Proceedings (cont) AR20140009140
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