BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20150005732
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 the diagnosis of post-traumatic stress disorder (PTSD) with major depressive disorder (MDD) was changed and eliminated from the mental evaluation process. Additionally, the applicant and his independent psychologist appealed the decision prior to the final ruling.
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 military Disability Evaluation System (DES). The evidence of the available records showed MDD, anxiety disorder not otherwise specified (NOS), and PTSD were diagnoses rendered during processing through the DES. PTSD was listed on the Medical Evaluation Board physical (DD Form 2808) without reference to Diagnostic and Statistical Manual for Mental Disorders Fourth Edition (DSM-IV) diagnostic criteria. There were no symptoms elucidated and there was insufficient documented evidence to support a diagnosis of PTSD prior to Temporary Disability Retired List (TDRL) entry. The SRP concluded the diagnosis of PTSD was eliminated during that process. Therefore, the applicant met the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that the evidence supported Physical Evaluation Board (PEB) adjudication of unfitting anxiety disorder NOS associated with MDD. The applicant met the DSM-IV diagnostic criteria for anxiety disorder NOS and had many elements to support the associated MDD diagnosis. The SRP acknowledged the VA examiner's assessment of PTSD and the therapist assessment of PTSD and the SRP noted the applicant had symptoms suggestive of PTSD; however, there was insufficient evidence that full diagnostic criteria were met. Specifically, Criterion C was not met. The SRP concluded anxiety disorder NOS and MDD were the appropriate diagnoses and that the application of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 was appropriately applied at TDRL entry.
4. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at time of placement on the TDRL. Available treatment records at the time leading up to TDRL entry recorded one voluntary psychiatric hospitalization 2 years prior to TDRL placement, no suicidal gestures or attempts, and no visits to the emergency room for reported panic attack. There was no evidence of impairment in social relations; the applicant reported good family relationships and support. The SRP considered the record in evidence best supported the 50 percent rating for TDRL entry and there was insufficient evidence for recommending a 70 percent TDRL entry rating.
5. 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 TDRL entry.
6. 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) AR20150005732
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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