IN THE CASE OF:
BOARD DATE: 15 October 2014
DOCKET NUMBER: AR20140015790
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 of the applicants disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in
The diagnosis of the mental health condition during processing through the military Disability Evaluation System (DES). The evidence of the available records shows diagnoses of Post-Traumatic Stress Disorder (PTSD) (medical evaluation board (MEB), and the Department of Veterans Affairs (VA) and panic disorder without agoraphobia (MEB) were rendered during processing through the IDES process. The SRP carefully reviewed the evidence for a separate diagnosis of panic disorder with agoraphobia and determined the diagnosis was appropriately rendered and appropriately adjudicated as a co-morbid condition. The SRP agreed there were no inappropriate changes in diagnoses and, therefore, determined the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that the physical evaluation board (PEB) adjudication of the unfitting PTSD was supported by the evidence. The applicant met the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, Text Revision (DSM-IV TR) diagnostic criteria for PTSD, therefore, the diagnosis of PTSD was the appropriate diagnosis, and the provisions of the VA Schedule for Rating Disabilities (VASRD) Section 4.129 were correctly (Mental disorders due to traumatic stress) applied at Temporary Disability Retired list (TDRL) entry.
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. The higher 70 percent rating was for Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. Available treatment records at the time leading up to TDRL entry recorded no history of suicidal attempts, no psychiatric hospitalizations, and no visits to the emergency room for panic attacks or other MH concerns; there was no evidence of impairment in thinking or judgment recorded in any of the mental status examinations (MSEs). The commanders statement noted that current treatment of behavioral issues had greatly impacted the applicant such that his performance was static, with no observations of mood symptoms, inappropriate behaviors, problems with focusing or concentration, or mental symptoms of any kind interfering with performance.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded the applicants record 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.
6. 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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140015790
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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