IN THE CASE OF:
BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015768
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 in the physical evaluation board (PEB) adjudication of the temporary disability.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of the MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records showed major depressive disorder (MDD) and panic attack with agoraphobia were the only diagnoses rendered during processing through the DES. The SRP concluded no MH diagnosis was changed during that process. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that the evidence supported PEB adjudication of unfitting MDD and panic disorder. The PEB appropriately did not apply the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 at Temporary Disability Retired List (TDRL) entry. 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. Available treatment records at the time leading up to TDRL entry recorded one voluntary psychiatric hospitalization due to passive suicidal thought (wanting to die), no suicidal gestures or attempts, and no visits to the emergency room for reported panic attack. All of the documented mental status examinations (MSE) were essentially normal and there was no evidence of impairment in judgment or thinking, issues with orientation, impulse control, personal neglect, or chronic suicidality in the 12 months prior to TDRL placement. There was no evidence of impairment in social relations. The applicant reported good family relationships and support. The commanders statement noted occasional decrease in work efficiency and noted the applicant had effective work relationships with both supervisors and co-workers; however, she failed in simple tasks when not properly medicated. 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.
4. 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 mental health conditions at TDRL entry. There was no evidence of TDRL removal at the time of SRP adjudication.
5. 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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ABCMR Record of Proceedings (cont) AR20140015768
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