IN THE CASE OF:
BOARD DATE: 17 September 2014
DOCKET NUMBER: AR20140014482
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 applicant's 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, 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 to the applicant's disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System. The evidence of the available records showed the diagnoses of depression and Post-Traumatic Stress Disorder (PTSD). The SRP acknowledged the diagnosis of major depressive disorder made at the initial narrative summary was eliminated, but there were no changes to the applicants possible disadvantage in the disability evaluation since PTSD is a more serious diagnosis and the symptoms of depression are within the PTSD spectrum and do not confer a separate diagnosis when full Diagnostic and Statistical Manual of Mental Disorders 4th Edition (DSM-IV) diagnostic criteria are not met. 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 well supported by the evidence. The applicant fully met the DSM-IV Test Revision diagnostic criteria for PTSD at Temporary Disability Retired List (TDRL) entry; therefore, the diagnosis of PTSD was the appropriate diagnosis and application of the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 was correct for application at TDRL entry.
4. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at time of the applicant's placement on the TDRL. Although the psychiatric MEB examiner, 3 months prior to TDRL entry, opined there were deficiencies in most areas of functioning there was insufficient evidence to support the higher rating.
5. The SRP noted in the 15 months prior to the applicant's TDRL placement there were no psychiatric hospitalizations, no recorded visits to the Emergency Room for MH concerns, no legal issues, no report of domestic violence, and no recorded suicidal or homicidal ideations. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that the applicants symptoms had improved since initiation of TDRL. The SRP concluded his symptoms reflected the criteria for the 30 percent disability 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 for the applicants MH conditions at TDRL entry or 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 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) AR20140014482
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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