IN THE CASE OF:	  

		BOARD DATE:	  15 October 2014

		DOCKET NUMBER:  AR20140015967 


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 applicant’s 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 applicant’s case, the SRP recommended by unanimous vote that there be no change in the applicant’s unfitting condition diagnosis and by majority vote, that the applicant’s prior determination be
modified to reflect a 6-month constructive period on the Temporary Disability Retired List (TDRL) with a disability rating of 50 percent for the MH condition and a combined rating of 50 percent; and upon final disposition, the applicant receive a permanent disability retirement with a disability rating of 30 percent for the MH condition and a combined rating of 30 percent.

2.  The SRP reviewed the records for evidence of inappropriate changes in the diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES).  The evidence of the available records shows the depressive disorder not otherwise specified (NOS) was the sole diagnosis rendered during the DES process.  The evidence of the available records recorded no inappropriate changes to an MH diagnosis.  Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.  

3.  The SRP noted that the physical evaluation board (PEB) adjudicated depressive disorder NOS as unfitting without application of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section  4.129 with an MH rating of 10 percent.  The SRP agreed that the PEB adjudication of unfitting depressive disorder NOS was supported by the evidence.  The SRP noted that there was no history of mental disorders prior to deployment, the onset of psychiatric symptoms post-deployment, and the subsequent diagnosis and treatment for depressive disorder NOS.  The SRP determined that the application of VASRD Section 4.129 (mental disorders due to traumatic stress) was warranted in this case and, therefore, in compliance with its provisions of a disability rating of not less than 50 percent for a 6-month constructive TDRL period was applicable with subsequent fitness and ratings based on the available evidence.

4.  The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent during the constructive TDRL period.  There was no evidence in the record of recurrent suicidal behaviors, no frequent visits to the emergency room for MH treatment, and no impairment in thinking or judgment.  All mental status examinations were essentially normal except for rapid speech with a “pissed off” mood and an angry, irritated affect.  The SRP agreed the record in evidence did not support a higher than 50 percent rating and there was insufficient reasonable doubt (in accordance with (IAW) VASRD Section 4.3) for recommending a 70 percent constructive TDRL rating.

5.  The SRP agreed that at the time of permanent retirement the record demonstrated that the applicant should continue in outpatient talk therapy and stabilization medications for the treatment of depressive disorder NOS.  The applicant had two psychiatric hospitalizations for suicidal gestures and medication stabilization.  There was no report of legal problems or domestic violence.  The applicant’s symptoms had stabilized with no further hospitalizations and no recorded visits to the emergency room for MH issues for 12 months after separation.  He maintained a good marital relationship and fair social relationships.  The SRP determined that the applicant’s symptoms reflected occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks for the 30 percent disability rating.

6.  The appended minority opinion, prepared by the single dissenter, believed that a fair and equitable permanent rating following the 6-month TDRL placement was 10 percent. 

7.  After due deliberation in consideration of the preponderance of the evidence, the SRP by a majority vote recommended a permanent retirement rating of 30 percent for the mental health condition.  The single voter for dissent submitted the appended minority opinion.

8.  The available evidence shows the SRP’s 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 the applicant’s prior determination to reflect a 6-month constructive period on the TDRL with a disability rating of 50 percent for the MH condition and a combined rating of 50 percent; and upon final disposition, the applicant receive a permanent disability retirement with a disability rating of 30 percent for the MH condition and a combined rating of 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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ABCMR Record of Proceedings (cont)                                  AR20140015967



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