BOARD DATE: 24 September 2014
DOCKET NUMBER: AR20140014504
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 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 applicants 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 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 to the applicants disability and retirement determination.
2. The SRP reviewed the records for evidence of inappropriate changes in a
diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). Bipolar disorder was referred into the DES and remained unchanged throughout DES processing. Under the MH Review Project Terms of Reference, bipolar disorder was considered a more severe mental illness than Post-Traumatic Stress Disorder (PTSD) and therefore this case did not meet the inclusion criteria for the MH Review Project.
3. The SRP noted PTSD was referred to in various records including the medical evaluation board (MEB) DD Form 2808; there was no evidence of a confirmed diagnosis of PTSD and there was no evidence of a traumatic stressor. The SRP concluded that there was not sufficient evidence to support a conclusion that a highly-stressful event severe enough to bring about the Veterans release from active military service occurred and that the application of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 was not appropriate in this case.
4. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than the 30 percent rating adjudicated by the physical evaluation board (PEB) at time of separation. When the applicant experienced a manic episode he was significantly occupationally impaired. However, the SRP noted that when he was on medication, his symptoms were well-controlled. Even though he stopped taking his medication shortly following the first hospitalization in November 2010, he continued to show improved symptoms to the extent that his commander recommended retention.
5. The MEB narrative summary (NARSUM) immediately followed the second hospitalization reflected significant impairment based on symptoms that manifested while the applicant was not on medication prior to the December 2011 hospitalization. However, at the March 2012 periodic health assessment, the applicant endorsed minimal symptoms and indicated no difficulty due to those symptoms, suggesting a 10 percent rating for symptoms controlled with medication.
6. After due deliberation in consideration of the preponderance of the evidence,
the SRP therefore concluded that the evidence did not support a permanent rating higher than the 30 percent adjudicated by the PEB, particularly when considered in the treated state.
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
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ABCMR Record of Proceedings (cont) AR20140014504
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