BOARD DATE: 12 May 2015
DOCKET NUMBER: AR20150006056
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 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 the diagnosis of conversion disorder and conversion disorder with seizures diagnosed as psychogenic non-epileptic seizures and claimed as depression were rendered during processing through the DES. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed the Physical Evaluation Board (PEB) adjudication of unfitting conversion disorder was supported by the evidence. The SRP noted the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were appropriately not applied (Mental disorders due to traumatic stress). The applicants condition preceded the assault by approximately 6 months.
4. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at the time of medical retirement. There was no evidence in the record of recurrent suicidal behaviors, psychiatric hospitalizations or panic attacks. The applicant was hospitalized once for reported seizure-like symptoms and twice for diagnostic clarification. There were no hospitalizations in the 18 months prior to medical retirement. The applicant presented multiple times to the Emergency Room with episodes related to her condition and was treated with psychotherapy with limited benefit. The majority of her Mental Status Exams were normal. The commanders statement noted the applicant performed her duties in her MOS and was in the appropriate grade and MOS; however, could not perform her duties due to safety concerns for her and others, since her profile restricted operation of heavy equipment. The commanders statement also noted the applicant did not require more time to complete tasks and was able to complete an 8-hour duty schedule without difficulties. There were intermittent periods where she could not perform occupational tasks; however, the commanders statement indicated she performed tasks with adequate reliability and productivity.
5. The SRP concluded the record in evidence did not support a higher than 50 percent rating, and there was insufficient evidence for recommending a 70 percent at medical retirement. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB adjudication of the applicants permanent retirement rating of 50 percent for the MH condition.
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) AR20150006056
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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