IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20150005864
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 a 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 mental health 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 applicant's case, the SRP determined by unanimous vote that there be no change of the applicant's disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the Integrated Disability Evaluation System (IDES). Diagnoses of post-traumatic stress disorder (PTSD) (medical evaluation board (MEB)), depression not otherwise specified (MEB), pain disorder with anxiety (Department of Veterans Affairs (VA)) and depression were rendered during the Disability Evaluation System (DES) process. The diagnosis of pain disorder was not forwarded by the MEB; however, this was not to the applicant's disadvantage because PTSD was considered a more severe MH diagnosis. The SRP agreed that this applicant therefore did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP considered if there was evidence for a Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.130 rating higher than 50 percent at the time of Temporary Disability Retired List (TDRL) entry. The higher 70 percent rating required "occupational and social impairment, with deficiencies in most areas." There was no evidence in the record of recurrent suicidal behaviors, no violence or legal problems, no recurrent psychiatric hospitalizations and no impairment in judgment. He was in touch with old friends and employed full time. The SRP concluded that there was insufficient reasonable doubt for recommending a 70 percent TDRL entry rating and that the record in evidence best supported a 50 percent rating at TDRL entry.
4. The SRP agreed that at the time of permanent retirement the record adequately demonstrated that the applicant met diagnostic criteria for PTSD. The SRP noted that he continued to have persistent, but improved, anxiety and depression and determined that PTSD with depression was the appropriate diagnosis. The physical evaluation board (PEB) executed a VASRD code change from 9411 (PTSD) to 9411-9434 (PTSD-major depressive disorder) to reflect the inclusion of the depressive symptoms. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at the time of TDRL removal. The applicant reported he had been unemployed since separation. There was no history of suicidal or homicidal thoughts, plan, intent or attempts. There was a pattern of alcohol abuse the applicant identified as associated with his pain. There was no report of legal problems. There was no report of domestic violence or violence outside of the home. His mental status examination recorded no impairment in judgment, noted no evidence of psychosis and no issues in orientation or hygiene. The symptoms had stabilized with no hospitalizations and no recorded visits to the emergency room for mental health issues. The SRP determined that there was insufficient reasonable doubt for recommending a 70 percent TDRL placement rating.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the record in evidence best supported a 50 percent rating at the time of the applicant's TDRL removal
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 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) AR20150005864
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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