IN THE CASE OF:
BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140014261
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 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 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 recommended by unanimous vote that his unfitting condition diagnosis be changed from major depressive disorder (MDD) to Post-Traumatic Stress Disorder (PTSD) and that his prior separation be modified to reflect that he was placed on the Temporary Disability Retired List (TDRL) at 50 percent for a period of 6 months. The SRP further recommended no change to the prior permanent 50 percent disability rating.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows that diagnoses of PTSD and depression were rendered. The initial physical evaluation board (PEB) adjudicated PTSD and MDD and appropriately applied the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), Section 4.129 with a rating of 50 percent upon placement on the TDRL. The Reconsideration PEB changed the diagnosis to MDD and noted that the PTSD contributed to the applicants depression and the PTSD was no longer considered unfitting and that his risk was due to a depressive illness and permanently separated the applicant on 5 June 2011. Based on the elimination of PTSD by the Reconsideration PEB, the SRP concluded that the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP considered if this diagnostic change was based on the memo prepared by the applicants treating psychiatrist, noting that a diagnosis of PTSD mandated a 6-month re-evaluation in accordance with (IAW) VASRD Section 4.129 which would be considered a hardship to the applicant. The applicants treating psychiatrist wrote a memo recommending permanent disability status as reevaluation of this Soldier as being burdensome on him and his family (understanding that re-evaluation for this service member required him to return from Samoa to Hawaii) and the system doing the reevaluation, and that this would also be triggering for the applicants Chronic PTSD symptoms.
4. The SRP agreed the applicants diagnosis of PTSD was accurate and VASRD Section 4.129 should have been applied. At the time of retirement (which was considered the entry point of the constructed 6-month TDRL period) the SRP agreed the applicants disability did not rise above the required 50 percent rating as adjudicated by the PEB. The most proximate source of comprehensive evidence on which to base the permanent rating recommendation in this case was the Compensation and Pension examination performed approximately 26 months after separation. The SRP noted at that time that the applicants symptoms had minimally improved with the Global Assessment of Functioning (GAF) rating slightly worse, 65 vs. 60. He was not employed and socially isolated, but his relationship with his wife was slightly better and he had a good relationship with this children. His physical exam did not manifest the speech, ritualistic behavior, special orientation or hygiene abnormalities required for the 70 percent rating. The VA rated the PTSD condition at 50 percent based on evidence from this exam. The SRP agreed that the most appropriate rating at exit from the 6-month constructed TDRL period was 50 percent for his MH conditions.
5. The available evidence shows the SRPs assessment should be accepted.
BOARD VOTE:
___X____ ____X___ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing his unfitting condition from MDD to PTSD and by modifying his prior separation to reflect he was placed on the TDRL at 50 percent for a period of 6 months.
_______ _ 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) AR20140014261
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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