IN THE CASE OF:
BOARD DATE: 6 August 2014
DOCKET NUMBER: AR20140011593
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 applicants 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 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 of the applicants disability and separation determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses, the physical evaluation board (PEB) fitness determination; whether the provisions of the Department of Veterans Affairs (VA) Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable, and a disability rating recommendation in accordance with VASRD Section 4.130.
3. The SRP considered the criteria for diagnosis according to the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, Text Revision (DSM IV
TR) including: the evidence for the stressor (Criterion A), re-experiencing of the event (criterion B), persistent avoidance of stimuli associated with the trauma (criterion C), hyper arousal (criterion D), duration and onset (criterion E), presence of clinically significant distress or impairment in social, occupational or other important area of functioning (criterion F).
4. The SRP noted no diagnostic variance with the PEB and the VA Rating Decision (VARD) final MH diagnosis both diagnosing depression and anxiety. Variance did exist between the diagnosis of the VA Compensation and Pension exam (Post-Traumatic Stress Disorder (PTSD)) and the PEB (major depression disorder and anxiety disorder) and between the diagnoses on exhibits provided to the Reconsideration PEBs final decision to the applicants possible disadvantage. However, there was no change in diagnosis between the referred diagnosis and the final diagnosis rendered by the PEB; therefore, the SRP agreed that this applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
5. The SRP agreed and found the stressors of seeing wounded Soldiers in a hospital while passing through the hospital to physical therapy appointments, not during combat, and an isolated episode of being afraid while in a crowd in a secure US embassy not under attack, did not meet the DSM-IV TR Criteria A for diagnosis of PTSD. Therefore, the application of VASRD Section 4.129 (mental disorders due to traumatic stress), requiring a period of Temporary Disability Retired List was not appropriate in this case. Additionally, the SRP unanimously agreed that all the requirements for Criteria C (avoidance) and D (hyperarousal), for diagnosis of PTSD were not met. The SRP noted the Reconsideration PEB determined the MH condition to be stable and applied the rating of the VA for permanent rating in accordance with the Integrated Disability Evaluation System process. The SRP was unable to definitively determine from the record the stability of the condition.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP agreed that a 50 percent rating was appropriate at permanent separation and that a higher rating of 70 percent was not supported by the record in evidence.
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) AR20140011593
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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