IN THE CASE OF:
BOARD DATE: 23 July 2014
DOCKET NUMBER: AR20140010724
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 separation 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 noted that although there had been some discussion regarding the nature of the mood disorder displayed by the applicant in the psychiatric addendum and the discharge summary from the hospital, major depressive disorder had been documented by both the VA examiner and the narrative summary (NARSUM) examiner, and was forwarded by the Medical Evaluation Board (MEB) and adjudicated by the PEB. However, the August 2010 profile listed Post-Traumatic Stress Disorder (PTSD) as a diagnosis and indicated MEB in process. Since the PTSD diagnosis was not continued through the Disability Evaluation System (DES), the SRP concluded that the applicant met the inclusion criteria of the Terms of Reference of the MH Review Project.
4. The SRP next turned to a discussion of the appropriateness of the final DES MH diagnosis. It was noted that while there may have been some relationship between the applicant's deployments and exacerbation of symptoms, the symptoms predated the deployments, having started in the Navy. The SRP noted that the applicant reported to both the VA examiner and the NARSUM examiner that he did not experience any particularly traumatic events during deployments. Neither examiner felt that there were symptoms attributable to PTSD and the SRP concluded that there was not a preponderance of evidence to support any change in the diagnosis considered by the PEB to PTSD. Furthermore, the SRP concludes that there was not sufficient evidence to support a conclusion that a highly-stressful event severe enough to bring about the applicants release from active military service occurred and that the application of VASRD section 4.129 is not appropriate in this case.
5 The SRP discussed whether it appeared that the applicant's clinical condition was best characterized by the 50 percent or 70 percent rating. The SRP agree that there was not sufficient evidence to indicate a 70 percent rating.
6. After due deliberation in consideration of the totality of the evidence the SRP concluded that the clinical picture at the time of separation was most consistent with a VASRD section 4.130 disability rating of 50 percent.
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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140010724
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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