BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150014155
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 MH condition during processing through the Integrated Disability Evaluation System (IDES). The evidence of the available records show the diagnoses of post-traumatic stress disorder (PTSD), major depressive disorder (MDD), and intermittent explosive disorder were rendered during the IDES process. The Physical Evaluation Board (PEB) subsumed MDD and intermittent explosive disorder as comorbid conditions under PTSD. The SRP agreed there were no inappropriate changes in diagnosis, and therefore determined that MH diagnoses were not changed to the applicants possible disadvantage in the disability evaluation. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Diagnosis Review Project. The SRP concluded that the PEB properly subsumed MDD and intermittent explosive disorder under PTSD.
3. The SRP agreed that the PEB adjudication of unfitting PTSD was supported by the evidence. The applicant met diagnostic criteria for PTSD; therefore, the diagnosis of PTSD was the appropriate diagnosis, and the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were correctly applied at Temporary Disability Retired List (TDRL) entry.
4. The SRP noted that because total psychiatric impairment (regardless of co-existing MH diagnoses) is subsumed under a single rating, the presence of multiple MH diagnoses is irrelevant to the rating. The PEB adopted the VA proposed 70 percent rating. However, the SRP must consider whether the VASRD section 4.130 criteria for a 100 percent rating is reasonably satisfied by the evidence at TDRL placement. The higher 100 percent rating is for total occupational and social impairment. The SRP agreed that there was insufficient cause to recommend a change in the PTSD rating at the time of entry on TDRL.
5. Regarding the permanent rating recommendation, the record adequately demonstrated that the applicant continued to meet diagnostic criteria for PTSD. The SRP therefore concluded that the record in evidence did not support a rating higher than 70 percent at the time of removal from TDRL. After due deliberation, considering all of the evidence and mindful of VASRD section 4.3, the SRP concluded that there was insufficient cause to recommend a change in the PEB adjudication for the PTSD 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
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150014155
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015773
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 inappropriate changes in the diagnosis of the MH condition during processing through the military Integrated Disability Evaluation System (IDES). The SRP considered if there was evidence for a VASRD Section 4.130...
ARMY | BCMR | CY2015 | 20150015662
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 System (DES). The SRP considered whether the provisions of VASRD section 4.129 were applicable for the unfitting MH condition.
ARMY | BCMR | CY2015 | 20150012799
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 Disability Evaluation System (DES). Because the Service conducted an independent management review with special attention to PTSD and...
ARMY | BCMR | CY2014 | 20140010918
The SRP deliberated whether by a preponderance of evidence a service diagnosis of PTSD could be recommended in this case for a primary MH rating. The SRP agreed that a 100 percent recommendation for total occupational and social impairment at the time of TDRL placement was not indicated. A 70 percent recommendation (occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood) was likewise not supported given that...
ARMY | BCMR | CY2014 | 20140011591
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). Because the applicant was referred into the DES process with a diagnosis of Post-Traumatic Stress Disorder (PTSD), but the VA examination (which was considered part of the DES process), narrative summary (NARSUM), medical evaluation board (MEB) and physical evaluation board (PEB) listed a diagnosis of major depression,...
ARMY | BCMR | CY2014 | 20140002392
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 considered the appropriateness of changes in the mental health (MH) diagnoses, the physical evaluation board (PEB) fitness determination and, if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities...
ARMY | BCMR | CY2014 | 20140011229
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. The SRP considered the appropriateness of changes in the applicant's MH diagnoses, the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section...
ARMY | BCMR | CY2015 | 20150004123
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 inappropriate changes in diagnosis of the applicant's MH condition during processing through the Disability Evaluation System (DES). The physical evaluation board (PEB) assigned a 70 percent rating (higher than the...
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 | 20140018934
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 noted that the preponderance of the evidence does not support a change of the diagnosis to PTSD at TDRL entry.