IN THE CASE OF:
BOARD DATE: 22 October 2015
DOCKET NUMBER: AR20150014924
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 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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health Special Review Panel (SRP).
CONSIDERATION OF EVIDENCE:
1. 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.
2. The Department of Defense memorandum, dated 27 February 2013, directed the Service Secretaries to conduct a review of mental health 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 applicants case, the SRP determined by unanimous vote that there be no change of the applicants disability and separation determination.
2. The SRP reviewed the records for evidence of inappropriate changes in
diagnosis of the mental health condition during processing through the military pilot Disability Evaluation System (DES). A diagnosis of depression not otherwise specified (NOS) was rendered by the Medical Evaluation Board during the DES process. The SRP agreed that there were no inappropriate changes in diagnosis to the applicants possible disadvantage while processing through the DES. Therefore the applicant did not meet the inclusion criteria in the Terms of Reference of the mental health Diagnosis Review Project.
3. The SRP noted during the interim period between placement on the Temporary Disability Retired List (TDRL) and removal from TDRL, the Department of Veterans Affairs (VA) examiners diagnosed anxiety disorder and post-traumatic stress disorder (PTSD). However, because total psychiatric impairment (regardless of co-existing mental health diagnoses) was subsumed under a single rating, the presence of multiple mental health diagnoses was irrelevant to rating. The SRP considered whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 (mental disorder due to a highly stressful event) were applicable for the unfitting mental health condition. The Physical Evaluation Board noted the onset of symptoms was not related to an acute traumatic stressor. The SRP agreed that VASRD Section 4.129 was not applicable.
4. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 30 percent at the time of TDRL placement. The next higher 50 percent rating was for occupational and social impairment, with reduced reliability and productivity. Available treatment records during the time leading up to TDRL placement recorded no history of suicide attempts, no psychiatric hospitalizations, no domestic violence, no legal issues, and no visits to the emergency room for panic attacks or other mental health concerns. He was working long hours and was happy at home with his family and engaged in leisure activities.
The SRP concluded the record in evidence did not support a higher than 30 percent rating at TDRL placement and there was insufficient reasonable doubt for recommending a 50 percent TDRL entry rating.
5. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at the time of removal from the TDRL. The TDRL re-evaluation examiner stated that findings showed a slightly depressed mood, a normal mental status exam and a Global Assessment of Functioning score consistent with that assessment. There was no evidence of 70 percent threshold symptoms such as suicidal ideation, obsessional rituals, illogical or irrelevant speech, spatial disorientation, or neglect of personal appearance and hygiene. The SRP concluded that there was insufficient reasonable doubt (in accordance with VASRD Section 4.3) for recommending a 70 percent TDRL removal rating and that the record in evidence best supported the 50 percent criteria at TDRL removal.
6. 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 of the applicants MH condition at the time of permanent retirement.
7. The available evidence shows the SRPs 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) AR20150014924
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140004976
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 diagnoses, Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of VASRD Section 4.129 were applicable, and a disability rating recommendation in...
ARMY | BCMR | CY2015 | 20150014152
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 higher 70 percent rating is for Occupational and social impairment, with deficiencies in most areas....
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 | 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 | 20140009051
The SRP considered the appropriateness of changes in the applicant's MH diagnoses and the physical evaluation board (PEB) fitness determination; and if unfitting, whether the provisions of VASRD Section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD Section 4.130 was made. The SRP then considered whether the evidence supported a permanent rating higher than the 30 percent adjudicated by the PEB at the time of the applicant's removal from 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 | 20140015776
Military Personnel Records and advisory opinions (if any). 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. After a comprehensive review of the applicants case, the SRP, by a majority vote, recommended no change in the applicants unfitting condition diagnosis but that his prior determination be modified to...
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 | 20140009062
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 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 4.129...
ARMY | BCMR | CY2014 | 20140010917
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 also considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of placement on the TDRL. The SRP concluded that the 70 percent criteria was not reflected in the evidence and therefore agreed that a rating higher than 50 percent...