Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140018848
Original file (20140018848.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  3 December 2014

		DOCKET NUMBER:  AR20140018848 


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 applicant’s 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 applicant’s case, the SRP determined by unanimous vote that there should be no change of the applicant’s temporary and permanent retirement determinations.  

2.  The SRP considers the appropriateness of changes (if any) in the MH
diagnoses and the appropriateness of physical evaluation board (PEB) fitness determinations for any MH condition.  Since the medical evaluation board (MEB) psychiatric consultant opined that major depressive disorder (MDD) was an independent diagnosis, and the PEB held that it was secondary to the separately rated non-MH conditions, the applicant’s case did meet the inclusion criteria in the Terms of Reference of the MH Review Project.

3.  The SRP noted a core issue in the applicant’s case was whether the PEB’s determination regarding the relationship of the MH conditions to the non-MH conditions was fair.  The SRP standard for resolving this issue was that a preponderance of evidence must support a contrary recommendation to a PEB determination of this nature.  As per the excerpted psychiatric opinion to the PEB, the decision distills to the question of whether the depression was more accurately attributed as mood disorder due to a general medical condition or as an independent diagnosis of MDD.  Without elaboration of specific details here, the SRP reviewed the diagnostic criteria for each of these diagnoses.

4.  The symptoms themselves overlap the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition (DSM-IV), criteria of both diagnoses.  The key distinction was an etiologic relationship between the depressive symptoms and the general medical condition.  Although the MEB psychiatrist formulated a strong opinion regarding the independence of the MDD from the non-MH conditions in the PEB appeal, his own examination at a time when the
issue was not being contested documents a firm link between the pain and disability from the medical conditions and the depression, noting a “reciprocal relationship” between the severity of the non-MH and MH symptoms, and the record well establishes that the depression arose in the setting of chronic pain and disability with no preceding psychiatric history.  Specifically, the significant MH-related occupational limitations cited in the appeal were not corroborated by the author’s narrative summary (NARSUM) contemporaneous with PEB referral (with some areas of contradiction), nor were they reflected in the officer evaluations.  The appeal expressed an opinion that a significant depressive disorder would remain even with resolution of the pain, but the SRP agreed that this conclusion was overly speculative.  It was easily conceded that the depression evolved into a separately diagnosable condition, but that begs the question of whether it was “due to” the medical condition.  

5.  The SRP considered that the only Service psychiatric opinion addressing this issue supported the position that MDD was a separately ratable condition but must also consider the divergence between the examiner’s MEB evaluation and his later opinion in the context of supporting the applicant.  The Department of Veterans Affairs psychiatric examination did not address this issue.  The second MH diagnosis of chronic pain disorder is indisputably attributable to the rated non-MH diagnoses. 

6.  After due deliberation in consideration of the preponderance of the evidence,
the SRP did not support a recommendation that MDD was independent of, and not attributable to, the rated medical conditions and it was thereby not eligible for consideration for service rating under the Disability Evaluation System provision applied and upheld through subsequent reviews by the service PEB.

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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                  AR20140018848



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2015 | 20150006212

    Original file (20150006212.txt) Auto-classification: Denied

    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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation System (DES). The evidence of the available records show diagnoses of major depressive disorder (MDD), post-traumatic...

  • ARMY | BCMR | CY2015 | 20150007873

    Original file (20150007873.txt) Auto-classification: Denied

    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. The SRP noted the diagnosis of anxiety disorder was noted on the profile and physical and not recorded at the Medical Evaluation Board (MEB) and subsequently not adjudicated by the PEB; therefore, this diagnosis was eliminated. After due deliberation in consideration of...

  • ARMY | BCMR | CY2014 | 20140002392

    Original file (20140002392.txt) Auto-classification: Denied

    The PDBR SRP conducted a comprehensive review of the applicant’s submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. The SRP considered the appropriateness of changes in the mental health (MH) diagnoses, the physical evaluation board (PEB) fitness determination and, if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities...

  • ARMY | BCMR | CY2015 | 20150005732

    Original file (20150005732.txt) Auto-classification: Denied

    The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military...

  • ARMY | BCMR | CY2014 | 20140010918

    Original file (20140010918.txt) Auto-classification: Denied

    The SRP deliberated whether by a preponderance of evidence a service diagnosis of PTSD could be recommended in this case for a primary MH rating. The SRP agreed that a 100 percent recommendation for total occupational and social impairment at the time of TDRL placement was not indicated. A 70 percent recommendation (occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood) was likewise not supported given that...

  • ARMY | BCMR | CY2014 | 20140010498

    Original file (20140010498.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The PDBR SRP conducted a comprehensive review of the applicant’s submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system.

  • ARMY | BCMR | CY2014 | 20140014559

    Original file (20140014559.txt) Auto-classification: Denied

    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. 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 physical evaluation board (PEB) mental health determination. The SRP reviewed the records for evidence of inappropriate changes in...

  • ARMY | BCMR | CY2014 | 20140015794

    Original file (20140015794.txt) Auto-classification: Approved

    The SRP reviewed the records for evidence of inappropriate changes in or elimination of diagnoses of the MH condition to the possible disadvantage of the applicant during processing through the military Integrated Disability Evaluation System (IDES). Both the MEB and the VA examiners specifically noted that the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision, (DSM-IV-TR) diagnostic criteria for PTSD were not met. The SRP next considered if the evidence...

  • ARMY | BCMR | CY2014 | 20140013446

    Original file (20140013446.txt) Auto-classification: Denied

    Finally, it appeared the author of the NARSUM eventually concurred with a diagnosis of MDD, documenting it in his Temporary Disability Retirement List (TDRL) examinations. The SRP noted the final PEB diagnosis, the VA Schedule for Rating Disabilities (VASRD) Section 4.129 did not specify a diagnosis of PTSD, rather it stated "mental disorder due to a highly stressful event," and its application was not restricted to PTSD. The SRP noted the psychiatrist, in his response to the PEB 9 months...

  • ARMY | BCMR | CY2015 | 20150002060

    Original file (20150002060.txt) Auto-classification: Approved

    The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. Regarding the permanent rating recommendation, it was noted that the re-evaluation examiner considered the condition to possibly be worse during the prior year.