IN THE CASE OF:
BOARD DATE: 10 September 2014
DOCKET NUMBER: AR20140013565
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, the father of a deceased former service member (FSM), 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 FSMs 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 the FSMs 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 FSMs s case, the SRP determined by unanimous vote that there should be no change of the FSMs disability determination for the MH condition at the time of the physical evaluation board (PEB) adjudication in anticipation of Temporary Disability Retired List (TDRL) placement.
2. The SRP considered the appropriateness of changes in the FSMs MH diagnoses; the PEB fitness determination; whether the provisions of the 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 reviewed the records for evidence of inappropriate changes or elimination of a diagnosis of an MH condition during processing through the disability evaluation system and found none. The SRP agreed that the FSM did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
4. The SRP found no evidence in the treatment record to support a diagnosis of
Post-Traumatic Stress Disorder (PTSD) in accordance with (IAW) the criteria of the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM IV-TR). The SRP noted the intent of the PEB to place the FSM on the TDRL, but was unable to do so because of the untimely events. The SRP agreed that TDRL placement was applicable in this case for the non-MH condition, noted as unstable by the PEB.
5. The SRP agreed that the MH condition was stable and that VASRD Section 4.129 (mental disorders due to traumatic stress) was not applicable for this condition alone, since the FSM did not have a documented highly-stressful causative event. However, since the anxiety disorder was adjudicated as unfitting, its inclusion with the TDRL for the unstable non-MH condition was appropriate. The PEB rated the MH condition at 10 percent IAW VASRD Section 4.130. This rating required: occupational or social impairment due to mild or transient symptoms which decrease and ability to perform occupational tasks only during periods of great stress. The next higher rating of 30 percent required: occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks due to depressed mood, anxiety, suspiciousness, panic attacks, chronic sleep impairment and mild memory loss.
6. After due deliberation in consideration of the preponderance of the evidence, the SRP agreed that the MH evidence did not support a 30 percent disability rating for occupational and social impairment at the time of the PEB adjudication as corroborated by the Answers to the Commanding Officer, Chain of Command, and Psychiatrist, Psychiatry Addendum and Global Assessment of Functioning (GAF) analysis.
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 the FSMs 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) AR20140013565
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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