IN THE CASE OF:
BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20150007871
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 processing.
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 MH condition during processing through the Disability Evaluation System and determined that the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP acknowledged the Compensation & Pension (C&P) examiners assessment and diagnosis of post-traumatic stress disorder (PTSD); however, there was insufficient clinical evidence to support that Diagnostic and Statistical Manual of Mental Disorders (4th Edition) (DSM-IV) diagnostic criteria were met since there was no clear evidence in the treatment record to support that the applicant met full criteria for a PTSD diagnosis at the time of Temporary Disability Retired List (TDRL) placement.
4. The SRP noted that the C&P exam did not sufficiently demonstrate that the applicant fulfilled DSM-IV-TR criterion C and B. Additionally, there was insufficient evidence to support the diagnosis of depressive disorder not otherwise specified (NOS). The SRP agreed that the Physical Evaluation Board (PEB) adjudication of unfitting anxiety disorder NOS was supported by the evidence and was the appropriate diagnosis. The SRP also noted the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were appropriately not applied at TDRL placement.
5. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 30 percent at time of placement on the TDRL. The higher rating of 50 percent requires evidence of 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 retention of only highly learned material; impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships.
6. The SRP considered the record in evidence did not support a rating higher than 30 percent for TDRL placement. The Physical Evaluation Board (PEB) next considered the rating recommendations at TDRL removal. At TDRL removal, the SRP noted the diagnosis of major depressive disorder (MDD) was assessed and adjudicated by the PEB with anxiety disorder. The PEB noted the applicants condition had progressed to include MDD and that she had a TDRL re-evaluation for her unstable condition of PTSD.
7. The SRP also noted the PEB noted that the reexamination showed occasional decrease in work efficiency for intermittent periods; however, she was rated as stable. Although the applicant reported the absence of panic attacks in 2012, in 2014 she indicated she had panic attacks that had caused her to miss work. There were no records of visits to the emergency room for panic attacks. The applicants condition was stable and did not reflect a disability rating higher than the 30 percent rating criteria. 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 applicants MH conditions at TDRL removal.
8. 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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150007871
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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