IN THE CASE OF:
BOARD DATE: 8 October 2014
DOCKET NUMBER: AR20140015400
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 also states, in effect, after retiring he has seen several doctors who diagnosed him as having Post-Traumatic Stress Disorder (PTSD) in addition to a bipolar disorder.
4. 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 rating at Temporary Disability Retired List (TDRL) entry.
2. The SRP considered the appropriateness of changes in the applicant's MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD section 4.130 was made.
3. The SRP noted the PEB did apply VASRD section 4.129 and the applicant was on the TDRL for more than the minimum 6 months. The Medical Evaluation Board (MEB) forwarded the applicant's MH diagnoses of bipolar I disorder to the PEB for adjudication. The PEB adjudicated the applicant for the diagnosis of bipolar disorder at TDRL entry and the applicant remained on TDRL at the time of the review. The VA examiner also diagnosed bipolar disorder and determined that the criteria for PTSD were not met. However, the applicant was also diagnosed with PTSD at the 30 November 2009 neuropsychological testing, which was done for the MEB. A clinical psychologist wrote that the applicant met the criteria for PTSD in a 9 December 2011 memorandum, 11 months after TDRL entry.
4. The SRP determined that the MH diagnosis was not changed to the applicant's possible disadvantage in the disability evaluation process as bipolar is more severe than PTSD. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
5. The SRP considered if the diagnosis should be changed. Although PTSD was diagnosed by several examiners, the majority of the clinical notes in evidence carry the diagnosis of bipolar disorder including those of the treating psychiatrist and PTSD was specifically excluded as a diagnosis by several examiners as well. The preponderance of evidence does not support a change in the PEB MH diagnosis.
6. The SRP also considered if a rating higher than the 50 percent rating assigned by both the PEB and VA could be supported. The memorandum written after the applicant's TDRL entry does not address his level of function. The SRP notes that neither the PEB nor the VA narrative supports a rating higher than the 50 percent rating adjudicated. After due deliberation in consideration of the preponderance of the evidence, the SRP determined that the rating should not be increased.
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) AR20140015400
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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