IN THE CASE OF:
BOARD DATE: 24 September 2014
DOCKET NUMBER: AR20140014515
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 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 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 recommended by unanimous vote that his prior separation be modified to reflect that the rating for major depressive disorder (MDD) during the period of Temporary Disability Retired List (TDRL) was 50 percent rather than 30 percent. The SRP further recommends no change to the prior permanent rating of 70 percent for the applicant's MH condition.
2. The SRP reviewed the records for evidence of inappropriate changes in a
diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows the diagnosis of MDD as the only diagnosis rendered during processing through the DES. The SRP agreed there were no inappropriate changes in diagnosis and, therefore, determined that MH diagnoses were not changed to the applicants possible disadvantage in the disability evaluation. 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 MDD was well supported by the evidence. The SRP in compliance with the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 (Mental disorders due to traumatic stress) noted the provision was applicable in this case and, therefore, must assign a disability rating of not less than 50 percent for an initial period of 6 months following separation, with subsequent fitness and ratings based on the applicable evidence.
4. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of placement on the TDRL. There was no record in the evidence of recurrent suicidal or homicidal behaviors, no violent behaviors, no MH hospitalization, and no emergency room visits. The SRP considered the record in evidence best supported the 50 percent rating for TDRL entry and there was insufficient reasonable doubt (in accordance with VASRD Section 4.3) for recommending a 70 percent TDRL entry rating.
5. The SRP agreed that at the time of permanent retirement the record adequately demonstrated that the applicants symptoms had deteriorated since TDRL entry. He required hospitalization (both inpatient and partial) because of severe depression, psychosis that included auditory and visual hallucinations, and a suicide plan. He was more socially isolated and had failed most of his college courses. His symptoms reflected the criteria for a 70 percent disability rating. The higher rating of 100 percent required total occupation and social impairment which was not evidenced by the available records.
6. After due deliberation in consideration of the VASRD Section 4.3 (reasonable doubt), the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication of the applicants permanent retirement rating of 70 percent for the MH condition.
7. 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 modifying his prior separation to reflect his rating for MDD during the period of TDRL was 50 percent rather than 30 percent.
___________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) AR20140014515
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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