IN THE CASE OF:
BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20150005872
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 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 applicant's case, the SRP determined by unanimous vote that there be no change in the physical evaluation board (PEB) adjudication of the temporary disability 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 (DES) pilot. The evidence of the available records show the diagnoses of post-traumatic stress disorder (PTSD) and mood disorder secondary to chronic back pain were rendered during processing through the pilot DES. The SRP agreed there were no inappropriate changes in diagnoses and therefore, determined that the MH diagnoses were 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 agreed that PEB adjudication of unfitting PTSD was supported by the evidence. The applicant appeared to have met the Diagnostic and Statistical Manual for Mental Disorders, Fourth Edition, Text Revision (DSM-IV TR) diagnostic criteria for PTSD; therefore, the diagnosis of PTSD was the appropriate diagnosis, and application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 was correct (Mental disorders due to traumatic stress) for application at Temporary Disability Retired List (TDRL) entry. The SRP found insufficient evidence to support a separate diagnosis of a mood disorder.
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. The higher 70 percent rating was for "Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood." Available treatment records at the time leading up to TDRL entry recorded no medical documentation of suicide attempts, no psychiatric hospitalization, and no visits to the Emergency Room for panic attacks or other MH concerns. There was no evidence of impairment in thinking or judgment recorded in any of the mental status examinations. The commander statement noted the applicant had periods of diminished attention or performance only when significantly stressed and needed more time to perform her tasks but was able to complete them. The applicant had effective work relationships with both supervisors and co-workers, but had difficultly working with others or with large groups for long duration of time. There was no report of inappropriate behaviors at work.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP considered the record in evidence best supported the 50 percent rating for TDRL entry and there was insufficient reasonable doubt in accordance with VASRD Section 4.3 for recommending a 70 percent TDRL entry rating. There was no evidence of TDRL removal. The applicant was awaiting final PEB adjudication.
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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150005872
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140009433
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. The SRP reviewed the records for evidence of changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES), pilot program. The evidence of the available records show the diagnosis of the applicant's...
ARMY | BCMR | CY2015 | 20150008197
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. At the TDRL removal examination, nearly 2 years after TDRL placement, the applicant reported overall improvement in her symptoms.
ARMY | BCMR | CY2014 | 20140010672
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The SRP reviewed the records for evidence of changes in diagnosis of the MH condition during the applicant's processing through the military Integrated Disability Evaluation System (IDES). After due deliberation in consideration of the preponderance of the evidence, the SRP determined that there was insufficient reasonable doubt in accordance with VASRD Section 4.3 for...
ARMY | BCMR | CY2015 | 20150007336
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The SRP carefully reviewed the available records and noted the records demonstrated absence of symptoms to support a PTSD or MDD diagnosis. The higher 70 percent rating was for Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. Available treatment records at the time leading up to TDRL...
ARMY | BCMR | CY2015 | 20150005644
The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a MH condition during processing through the military disability system. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the pilot disability evaluation system (DES). The TDRL re-evaluation examiner characterized his impairment as deficiencies in most...
ARMY | BCMR | CY2014 | 20140011238
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The SRP noted the higher 70 percent rating was for occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. Available treatment records at the time leading up to TDRL entry recorded a history of suicidal ideation without plan or intent, but no visits to the emergency room and no psychiatric...
ARMY | BCMR | CY2015 | 20150006052
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. 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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the Disability Evaluation...
ARMY | BCMR | CY2014 | 20140013794
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. After a comprehensive review of the applicants case, the SRP determined by unanimous vote that there should be no change in the physical evaluation board (PEB) adjudication of the temporary disability retirement determination 2. The SRP reviewed the records for evidence of changes in diagnosis of the applicant's MH condition during processing through the military Disability...
ARMY | BCMR | CY2014 | 20140001259
The applicant requests a review of the military disability evaluation pertaining to a mental health (MH) condition. The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of an MH condition during processing through the military disability system. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that there was insufficient cause to recommend a change in...
ARMY | BCMR | CY2014 | 20140006644
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. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Integrated Disability Evaluation System (IDES). The SRP agreed there was a change in diagnoses to the applicant's possible...