AR20160002365

IN THE CASE OF:

BOARD DATE: 3 March 2016

DOCKET NUMBER: AR20160002365

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 mental health diagnosis was changed during that process.

3. The applicant submitted an application through the Department of Defense (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 DOD 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 11September 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 recommended by unanimous vote that the applicants prior determination be modified effective the date of his medical separation.

2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Pilot Disability Evaluation System (PDES). Diagnoses of bipolar disorder (Medical Evaluation Board (MEB)) was rendered during the Disability Evaluation System (DES) process. The post-traumatic stress disorder (PTSD) diagnosis was not forwarded by the MEB or adjudicated by the Physical Evaluation Board (PEB). Therefore, the SRP determined that the applicants case appeared to meet the inclusion criteria in the Terms of Reference (TOR) of the MH Review Project.

3. The SRP noted that the disability associated with any psychiatric condition, regardless of the diagnosis or multiple diagnoses, was subsumed under a single rating using the same criteria in accordance with (IAW) the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.130 general rating formula for MH conditions. The SRP considered if application of VASRD Section 4.129 with a 6month (50 percent minimum) period on the Temporary Disability Retired List (TDRL) was indicated in this case (per Board directive from Department of Defense (DOD)). The SRP agreed that the provisions of VASRDSection 4.129 were not applicable in this case. The Compensation and Pension (C&P) exam rendered a diagnosis of PTSD with a Global Assessment of Functioning (GAF) of 51, a sharp decline from the last previously recorded GAF of 80 with no explanation offered. The SRP noted the presence of several 30percent threshold symptoms, and determined the applicant met rating criteria for a 30 percent disability rating.

4. The available evidence shows the SRPs assessment should be accepted.

BOARD VOTE:

____X____ ___X_____ ____X____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by modifying the applicants prior determination as indicated below:

UNFITTING CONDITION
VASRD CODE
PERMANENT RATING
Bipolar Disorder
9432
30%
Prostate Cancer
7528
40%

COMBINED
60%

____________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) AR20160002365

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

1