IN THE CASE OF:
BOARD DATE: 14 April 2015
DOCKET NUMBER: AR20150004123
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 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 MH 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 be no change of the applicants disability and separation determination. The applicant provided additional issues that she wanted the Board to consider; however, only the mental health conditions were addressed by this review, and any other conditions or requests were outside the SRP scope.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES). The evidence of the available records showed that diagnoses of major depressive (MDD), Post-Traumatic Stress Disorder (PTSD), and somatoform disorder were rendered during processing through the DES. 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 applicant was still pendings final Temporary Disability Retired List (TDRL) adjudication and their sole charge in this case was assessing the fairness of the TDRL rating for the unfitting MH condition. The physical evaluation board (PEB) assigned a 70 percent rating (higher than the minimum 50 percent rating allowed by the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129), but the SRP must consider whether the Section 4.130 criteria for a 100 percent rating was reasonably satisfied by the evidence at TDRL placement.
4. The SRP also noted that because total psychiatric impairment (regardless of co-existing MH diagnoses) was subsumed under a single rating, the presence of multiple MH diagnoses was irrelevant to rating. The higher 100 percent rating was for total occupational and social impairment. There were no 100 percent threshold symptoms, such as gross impairment in thought processes or communication, grossly inappropriate behavior, or disorientation to time or place. The narrative summary psychiatrists response to the physical evaluation board (PEB) request for additional information cited 70 percent rating language (i.e., deficiencies in most areas); however, the SRP agreed that the commanders statement and Compensation and Pension exam clearly provided no support for a rating higher than this.
5. After due deliberation in consideration of the preponderance of the evidence,
the SRP agreed, mindful of VASRD Section 4.3 (reasonable doubt), that there was insufficient cause to recommend a change in the PEBs rating at the time of the applicant's placement on the TDRL for MDD, PTSD, or somatoform disorder.
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) AR20150004123
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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