IN THE CASE OF:
BOARD DATE: 1 October 2014
DOCKET NUMBER: AR20140014925
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 determined by unanimous vote that there should be no change of the applicants disability and separation determination.
2. The SRP considers the appropriateness of changes (if any) in the applicant's MH diagnoses; the appropriateness of physical evaluation board (PEB) fitness determination for any MH condition; and, if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 were applicable.
3. The SRP considered the fairness of disability ratings for MH conditions and made recommendations for said ratings in accordance with VASRD Section 4.130 (and VASRD Section 4.129 as appropriate). The diagnosis of "depressive disorder not otherwise specified (NOS) with symptoms of Post-Traumatic Stress Disorder (PTSD)" was the only diagnosis forwarded in Disability Evaluation System (DES) documents. The SRP concluded the applicants case did not meet the inclusion criteria of the Terms of Reference for the MH Review Project.
4. The SRP also considered whether a change in diagnosis to primary PTSD (rather than the PEB nomenclature implying that the diagnosis was not fully established) could be recommended. Although the requisite Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, Text Revision (DSM IV-TR) criteria were documented in the VA Compensation and Pension (C&P) evaluation, probative to the time of Temporary Disability Retired List (TDRL) entry, the SRP agreed that there was not a preponderance of evidence in support of a recommendation to change the diagnosis of the medical evaluation board (MEB) psychiatrist (who was also the treating psychiatrist).
5. The SRP agreed that the full DSM IV-TR criteria for PTSD were not in evidence at the time of TDRL placement, thus the diagnostic nomenclature as adjudicated was accurate. The SRP then turned to its assessment of the fairness of the PEB's determination that the established MH condition was not unfitting. As with recommendations regarding a change or addition to MH diagnosis, an SRP recommendation for a change in a fitness determination must be supported by a preponderance of evidence, not grounded in speculation or based on reasonable doubt. Although there were significant occupational issues at the time of TDRL placement, the evidence from the commander's statement, service treatment records, and proximate VA examination support a conclusion that occupational impairment was attributable largely to physical (not psychiatric) impairment.
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 fitness determination for the MH condition at the time of TDRL placement and the condition was thereby ineligible for fitness review and potential rating at the time of permanent retirement.
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) AR20140014925
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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