IN THE CASE OF: 

		BOARD DATE:	  30 July 2014

		DOCKET NUMBER:  AR20140011238 


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 applicant’s 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 applicant’s case, the SRP determined by unanimous vote that there should be no change of the applicant’s Temporary Disability Retired List (TDRL) disability and retirement determinations.

2.  The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the MH condition during processing through the military Integrated Disability Evaluation System (IDES).  The available records show that the only diagnosis rendered during the IDES process was Post-Traumatic Stress Disorder (PTSD).  The SRP acknowledged the diagnosis of depressive disorder, not otherwise specified (NOS) rendered by the Department of Veterans Affairs (VA) while the applicant was on the TDRL, but determined that this did not constitute a change in or elimination of a diagnosis.  The evidence of the available records shows there were no changes in the MH diagnoses to the applicant’s possible disadvantage in the disability evaluation.  Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review project

3.  The SRP agreed that physical evaluation board (PEB) adjudication of unfitting PTSD was supported by the evidence.  The applicant fully met the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, Test Revision (DSM- IV TR) diagnostic criteria for PTSD; therefore, the diagnosis of PTSD was the appropriate diagnosis and application of the provisions of the VA Schedule for Rating Disabilities (VASRD) Section 4.129 was correct (mental disorders due to traumatic stress) at TDRL entry.  Regardless of diagnoses, the SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of placement on the TDRL.

4.  The SRP noted 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 a history of suicidal ideation without plan or intent, but no visits to the emergency room and no psychiatric hospitalizations.
There were no significant abnormality recorded in any of the mental status 

examinations and no evidence of impairment in judgment or thinking.
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 (IAW) VASRD Section 4.3 or Section 4.7) for recommending a 70 percent TDRL entry rating.

5.  The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of TDRL exit.  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 exit recorded a history of social isolation, but continued online college courses.  There were no visits to the emergency room and no psychiatric hospitalizations.  Although the applicant was unemployed, his unemployment was attributed to his concentration and memory impairments associated with his Traumatic Brian Injury condition.  There was no significant abnormality recorded in any of the mental status examinations and no evidence of impairment in judgment or thinking.  The SRP considered the record in evidence best supported the 50 percent rating for TDRL exit or permanent retirement and there was insufficient reasonable doubt (IAW VASRD Section 4.3 or Section 4.7) for recommending a 70 percent TDRL entry rating. 

6.  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 of the applicant’s MH condition at the time of TDRL entry and permanent retirement.

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 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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ABCMR Record of Proceedings (cont)                                  AR20140011238



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