BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150012799
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 post-traumatic stress disorder (PTSD) was eliminated during his diagnosis. The applicant further states he was granted 50 percent from the Department of Veterans Affairs (VA) and in addition to major depressive disorder (MDD) and anxiety disorder he clearly suffers from PTSD.
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 MH condition during processing through the military Disability Evaluation System (DES). The evidence of the available records showed that a diagnosis of MDD was rendered during processing through the DES. Because the Service conducted an independent management review with special attention to PTSD and rated the MDD condition with application of VA Schedule for Rating Disabilities (VASRD) section 4.129, there is no question regarding an unfavorable elimination or downgrading of an MH diagnosis. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project.
3. The physical evaluation board (PEB) assigned a 70 percent rating (higher than the minimum 50 percent rating allowed by VASRD section 4.129), but the SRP must consider whether the VASRD section 4.130 criteria for a 100 percent rating is reasonably satisfied by the evidence at Temporary Disability Retired List (TDRL) placement. The SRP also noted that because total psychiatric impairment is subsumed under a single rating, the presence of multiple MH diagnoses is irrelevant to rating. The higher 100 percent rating is for total occupational and social impairment. There were no 100 percent threshold symptoms, such as gross impairment in thought processes or communication, grossly inappropriate behavior, or disorientation to time or place. The SRP members agreed there was insufficient cause to recommend a change in the PEBs rating at the time of placement on TDRL for MDD.
4. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that the applicant did meet diagnostic criteria for MDD. The SRP noted that he reported his depression was worse, and determined that MDD was the appropriate diagnosis. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 70 percent at the time of TDRL removal. The SRP concluded that the record in evidence did not support a higher than 70 percent rating at TDRL removal and there was insufficient evidence for recommending a 100 percent TDRL placement rating.
5. After due deliberation in consideration of VASRD section 4.3, the SRP concluded there was insufficient cause to recommend a change in the PEB adjudication of the applicants TDRL entry and permanent retirement ratings for the MDD 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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150012799
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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