BOARD DATE: 22 October 2014
DOCKET NUMBER: AR20140016342
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 in the physical evaluation board (PEB) adjudication of the temporary disability retirement determination.
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 Pilot Disability Evaluation System (PDES). The evidence of the available records showed major depressive disorder (MDD) was the only diagnosis rendered during processing through the PDES. The SRP concluded that no MH diagnosis was changed during the applicant's 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 with psychotic features. The PEB appropriately did not apply the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 at the time of the applicant's Temporary Disability Retired List (TDRL) entry. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 30 percent at time of placement on the TDRL. Available treatment records at the time leading up to the applicant's TDRL entry recorded one emergency room visit that led to hospitalization due to auditory hallucination, no suicide attempts, no documented panic attacks, and no history of violence or legal history. The applicant achieved stability after hospitalization but needed continued monitoring and treatment and had no evidence of impairment in judgment or thinking in the 6 months prior to TDRL entry. The commanders statement noted an occasional decrease in work efficiency due to his physical condition and noted the applicant had effective work relationships with peers and supervisors. There was no indication that he behaved impulsively or irrationally. The SRP considered the record of evidence best supported the 30 percent rating for TDRL entry and there was insufficient reasonable doubt in accordance with VASRD Section 4.3 for recommending a 50 percent TDRL entry rating.
4. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that the applicants condition had stabilized. The applicant was engaged socially with church and his family; he was working and had good family support. Although he continued to report command auditory hallucinations to end his life, he made no suicide attempts. Although the exit narrative summary examiner stated there was impaired insight and judgment, there was no evidence presented in the evaluation. There were no additional hospitalizations, he continued to work, had no legal issues, and was taking medication.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a disability rating beyond the 70 percent granted.
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) AR20140016342
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