BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20150005731
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 also states that he is only receiving 30 percent for his depressive disorder and he has been diagnosed with post-traumatic stress disorder (PTSD) and has received treatment since 2007.
4. 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 records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Disability Evaluation System. The evidence of the available records showed a diagnosis of depressive disorder, not otherwise specified (NOS) was the single diagnosis rendered. The SRP determined that a MH diagnosis was not changed to the applicant's possible disadvantage in 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 acknowledged the Department of Veterans Affairs (VA) compensation & pension examiner's assessment and diagnosis of PTSD; however, there was insufficient clinical evidence to support that Diagnostic and Statistical Manual for Mental Disorders Fourth Edition (DSM-IV) diagnostic criteria were met since there was no clear evidence in the service treatment record to support the applicant met full criteria for PTSD. The applicant's treating psychiatrist noted his diagnosis was depressive disorder NOS, and although his social worker therapist diagnosed PTSD and he was treated within the PTSD clinic, the treatment record did not adequately reflect the applicant met Criterion A2 (exposure), or Criterion C. The treatment record demonstrated the preponderance of the applicant's treatment related to marital and family issues that arouse prior to and during deployment. The applicant had associated mood symptoms that were addressed with medication. Treatment goals recorded were not related to or focused on PTSD.
4. The SRP agreed that physical evaluation board (PEB) adjudication of unfitting depressive disorder, NOS was supported by the evidence and was the appropriate diagnosis. The SRP noted the application of the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were appropriately not applied for application at Temporary Disability Retired List entry.
5. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 30 percent. A higher rating of 50 percent requires "Occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory; impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships; this rating was not approached."
6. The SRP noted there was no history of suicidal ideation, no visits to the emergency room, no psychiatric hospitalizations, no legal issues, no report of panic attacks and no documented evidence of impairment in thinking or judgment secondary to his mood disorder. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the applicant's MH conditions at permanent retirement.
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
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ABCMR Record of Proceedings (cont) AR20150005731
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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