IN THE CASE OF:	  

		BOARD DATE:	  20 August 2014

		DOCKET NUMBER:  AR20140012256 


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 applicant’s submissions and records for evidence of inappropriate changes in the diagnosis of a MH 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 disability and separation determination. 

2.  The SRP reviewed the records for evidence of inappropriate changes in the
diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES).  The SRP determined that the applicant’s case did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. 

3.  The SRP considered whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable for the unfitting Bipolar I condition.  The SRP noted the onset of symptoms
prior to the applicant's deployment and the absence of specific traumatic stressor associated with the worsening of the condition that led to his separation.  The SRP concluded there was no evidence to show there was a highly-stressful event severe enough to bring about the Veteran’s release from active military service and therefore the provision of VASRD Section 4.129 was not applicable in this case.

4.  The SRP also considered if there was evidence for a VASRD Section 4.130 rating higher than 30 percent at time of placement on the Temporary Disability Retired List (TDRL).  The SRP considered the medical evaluation board (MEB) psychiatrist’s assessment reflecting persisting mild to moderate symptoms and the commander’s October 2007 statement indicating the applicant was working as an instructor without any significant problems.  

5.  The SRP agreed that the 50 percent rating was not approached since the evidence did not reflect occupational and social impairment with reduced reliability and productivity, difficulty in relationships, inability to understand instructions, complete tasks, impaired judgment, decreased motivation, or
substantial disturbance in mood.  Therefore, the SRP agreed there was not sufficient evidence for a rating higher than the 30 percent adjudicated by the physical evaluation board (PEB) at the time of placement on the TDRL.  The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 10 percent at time of removal from TDRL and permanent disability disposition.

6.  The SRP noted that the applicant had experienced one period of low mood while on the TDRL and no periods of elevated mood, or mania.  He was able to go without sleep when needed for school work but did not experience any functional impairment.  He was attending college full-time and was receiving good grades.  He was happily married.  The applicant continued treatment with medications and therapy.  Although the TDRL examiner thought the applicant was under-reporting his level of emotional distress, the examiner concluded there was occupational and social impairment due to mild or transient symptoms which decreased work efficiency and ability to perform occupational tasks only during periods of significant stress; or, symptoms were controlled by continuous medication.  The TDRL examiner’s assessment of functioning correlated with the 10 percent rating. 

7.  The SRP agreed that the evidence of the TDRL examinations indicating mild or transient symptoms and generally good school and social functioning while on medications supported the 10 percent rating adjudicated by the PEB.  The SRP did not find evidence to indicate there were intermittent periods of inability to perform occupational tasks, depressed mood, anxiety, panic attacks, or memory loss to support a higher rating.

8.  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 applicant’s Bipolar I condition at the time of placement on the TDRL and the time of removal from TDRL.

9.  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)                                  AR20140012256



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