BOARD DATE: 9 July 2014
DOCKET NUMBER: AR20140009433
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 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 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 should be no change in the physical evaluation board (PEB) adjudication of the temporary retirement determination.
2. The SRP reviewed the records for evidence of changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES), pilot program. The evidence of the available records show the diagnosis of the applicant's Post-Traumatic Stress Disorder (PTSD) and major depressive disorder (MDD) were rendered during processing through the DES.
3. The SRP carefully reviewed the applicant's treatment records and noted the absence of evidence for MDD, mild diagnosis. His entire treating providers diagnosed anxiety spectrum disorders such as PTSD and anxiety, not otherwise specified (NOS). Although the applicant reported a depressed mood during the mental status examinations (MSEs), and was once hospitalized for suicidal ideation, there is no clinical evidence he ever met diagnostic criteria for MDD. The SRP agreed the diagnosis of MDD, mild was eliminated; however, it also opined this was not to the applicants disadvantage since PTSD in this case was a more serious diagnosis. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP agreed that the PEB adjudication of unfitting PTSD was supported by the evidence. The applicant appeared to have met the Diagnostic and Statistical Manual of Mental Disorders-Fourth Edition, Text Revision (DSM-IV TR) diagnostic criteria for PTSD. Therefore, the diagnosis of PTSD was the appropriate diagnosis, and application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 was correct (Mental disorders due to traumatic stress) for application at Temporary Disability Retired List (TDRL) entry.
5. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of the applicant's placement on the 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 at the time leading up to TDRL entry recorded no history of suicidal ideation; there were no psychiatric hospitalizations in the 12 months prior to TDRL placement, no aggressive behaviors, no recorded visits to the emergency room, and no evidence of impairment in judgment or thinking. The applicant reported taking college courses and having good relationships his with son and wife.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP considered the record in evidence best supported the 50 percent rating for TDRL entry and there was insufficient reasonable doubt in accordance with VASRD Section 4.3 for recommending a higher rating. There was no evidence of TDRL removal.
7. 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140009433
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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