IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20150005728
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 reviewed the appropriateness of changes in the applicant's MH diagnoses and a disability rating recommendation in accordance with Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.130. The evidence of the available records shows the diagnosis of post-traumatic stress disorder (PTSD) and major depressive disorder were rendered during processing through the Disability Evaluation System. The SRP agreed there were no inappropriate changes in diagnosis and also determined that MH diagnoses were not changed during the disability evaluation. 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 provisions of VASRD section 4.129 were appropriately applied by the Physical Evaluation Board (PEB) as directed by DOD policy (placement on Temporary Disability Retired List (TDRL) with a minimum rating of 50 percent for a period of 6 months prior to reevaluation and re-adjudication), but the SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at the time of TDRL entry. The next higher 70 percent rating is for Occupational and social impairment, with deficiencies in most areas.
4. The SRP noted that a 70 percent rating could be supported on the basis of the pre-TDRL narrative summary of the psychiatrists description of occupational and social impairment as deficiencies in most areas and the assigned Global Assessment of Functioning score indicating serious symptoms or impairment. However, it was also noted that the Non-Commissioned Officer Evaluation Report and commanders statement did not reflect impaired occupational or social functioning. The SRP also noted there were no psychiatric hospitalizations in the year leading up to TDRL entry, no emergency department visits for psychiatric reasons, and no 70 percent threshold symptoms such as obsessional rituals, illogical speech, neglect of personal hygiene, or active suicidal ideation.
5. The SRP concluded the record in evidence did not support a rating higher than 50 percent at the time of TDRL entry. Regarding the permanent rating recommendation, the SRP considered that the applicant remained symptomatic but had discontinued treatment with both the therapist and the psychiatrist. The TDRL re-evaluation examiner described occupational and social impairment as reduced reliability and productivity which is consistent with the 50 percent rating assigned by the PEB. The SRP agreed the evidence is best described by the criteria of the 50 percent rating.
6. After due deliberation, considering all of the evidence and mindful of VASRD section 4.3, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the PTSD with depression condition.
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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150005728
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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