IN THE CASE OF:
BOARD DATE: 3 December 2014
DOCKET NUMBER: AR20140018934
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 Department of Defense (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 an MH condition during processing through the military disability system.
2. The DOD memorandum, dated 27 February 2013, directed the Service Secretaries to conduct a review of MH diagnoses for service members completing a disability evaluation process between 11 September 2001 and 30 April 2012, 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 to the applicant's disability and retirement determination.
2. The SRP considered the appropriateness of changes in the MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and, if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities VASRD section 4.129 were applicable along with a disability rating recommendation in accordance with VASRD section 4.130. The MH diagnoses throughout the Disability Evaluation System (DES) were anxiety disorder and major depressive disorder (MDD). Cognitive disorder was added and was adjudicated by the PEB within the Traumatic Brain Injury (TBI) rating. There was no diagnosis of Post-Traumatic Stress Disorder (PTSD) in the DES, although it was noted earlier in the record and as a later VA diagnosis. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP considered the criteria for diagnosis according to the Diagnostic and Statistical Manual for Mental Disorders IV TR to evaluate the MH diagnoses. Many PTSD symptoms were present in the service treatment record; however, the MEB psychiatrist specifically commented that the criteria for PTSD were not met and there was a notable absence of re-experiencing symptoms (criterion B) prior to Temporary Disability Retired List (TDRL) entry. The post-TDRL entry VA MH evaluation diagnosed PTSD, since at that time the applicant was reporting having reexperienced recurrent and distressing recollections of the event and distressing dreams of the event. This was adjudged as post-separation symptom evolution and not indicative of the applicants condition at the time of TDRL entry.
4. The SRP noted that the preponderance of the evidence does not support a change of the diagnosis to PTSD at TDRL entry. The SRP considered all MH-type symptoms from all conditions ratable under VASRD section 4.130 to include the cognitive disorder diagnosis. The SRP did not adjudicate the separate PEB rating for TBI except to factor in the cognitive disorder occupational and social impairment in the MH rating. Both the Service and VA MH examiners indicated occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks which aligns with a 30 percent MH rating. The SRP agreed that there was insufficient evidence of deficiencies in most areas or other MH symptoms to support a MH rating higher than the minimum VASRD section 4.129, 50 percent awarded by the PEB.
5. 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140018934
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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