BOARD DATE: 22 October 2015
DOCKET NUMBER: AR20150015662
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 Disability Evaluation System (DES). The evidence of the available records showed that diagnoses of major depressive disorder (MDD) and post-traumatic stress disorder (PTSD) were rendered during processing through the DES. During processing through the DES, no change in diagnosis was made at any time. The SRP determined that no MH diagnoses were changed or eliminated 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.
3. The SRP noted disability associated with any psychiatric condition, regardless of the diagnosis or multiple diagnoses, is subsumed under a single rating using the same criteria in accordance with the Department of Veterans Affairs Schedule for Rating Disabilities section 4.130 general rating formula for MH conditions. The SRP also noted the Physical Evaluation Board (PEB) applied code 9434 (MDD) and the VA applied code 9411 (PTSD) but both arrived at the same 30 percent rating at Temporary Disability Retired List (TDRL) placement under the VASRD section 4.130.
4. The SRP considered whether the provisions of VASRD section 4.129 were applicable for the unfitting MH condition. Regardless of final PEB diagnosis, VASRD section 4.129 does not specify a diagnosis of PTSD, rather it states mental disorder due to a highly stressful event, and its application is not restricted to PTSD. The SRP agreed that the requisite VASRD section 4.129 link that the condition occurred as a result of in-service stressors was not adequately satisfied, and therefore concluded that application of VASRD section 4.129 was not appropriate in this case. The SRP also concluded that the PEB properly adjudicated PTSD as not unfitting.
5. The SRP next considered if there was evidence for a rating higher than 30 percent at time of TDRL placement. The next higher 50 percent rating is characterized by reduced reliability and productivity. The SRP therefore concluded that the record in evidence did not support a rating higher than 30 percent at the time of TDRL removal. 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 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
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ABCMR Record of Proceedings (cont) AR20150015662
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RECORD OF PROCEEDINGS
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