BOARD DATE: 2 July 2014 DOCKET NUMBER: AR20140009100 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 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 applicant’s 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 applicant’s case, the SRP determined by unanimous vote that there be no change of the applicant’s disability and separation determination. 2. 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 were applicable, and a disability rating recommendation in accordance with VASRD Section 4.130. 3. 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, during processing through the military DES, no change in the diagnosis of major depressive disorder (MDD) was made at any time. The SRP determined that, since no MH diagnoses were changed in the disability evaluation, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. The SRP concluded that there was not sufficient evidence to support a conclusion that there had occurred a highly stressful event during service severe enough to bring about the Veteran’s release from active military service due to a MH condition, and concluded that the application of VASRD Section 4.129 was not appropriate in this case. 4. The SRP deliberated if there was evidence for a VASRD Section 4.130 rating higher than 30 percent at the time of placement on Temporary Disability Retired List (TDRL). It was noted that there were no visits to the emergency room for MH treatment, no psychiatric hospitalization, no legal issues or incidents of domestic violence and no impairment in thinking. The absence of any threshold symptoms of the next higher 50 percent rating, for example, flattened affect, panic attacks more frequently than once per week, or difficulty in establishing and maintaining effective work and social relationships, was also considered. The SRP noted in the Service Treatment Records (STRs) that, as the applicant approached her date of placement on the TDRL, improvements in her condition were documented, in that the depression appeared to be in full remission at that time. 5. The SRP agreed that occupational and social impairment, other than occasional reduced reliability and productivity at work was not reflected in the evidence, and therefore agreed that a rating higher than 30 percent was not supported. The SRP also examined evidence upon which to base the permanent rating recommendation in the applicant’s case. At the Department of Veterans Affairs (VA) Compensation and Pension (C&P) examination, dated 30 December 2010, 18 months after placement on TDRL, but 20 months prior to her permanent retirement, the VA examiner noted an improvement in the applicant’s condition. The VA adjudicated a 30 percent rating based on this examination. 6. The SRP noted the final TDRL narrative summary (NARSUM), was not available for the SRP to review and cited in the PEB’s remarks, also noted that the applicant experienced intermittent interference in daily activities and occasional decrease in work efficiency, and recommend permanent retirement at 30 percent. The SRP agreed that only occasional occupational and social impairment was reflected in the evidence, and that a rating higher than 30 percent was not supported. 7. 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 for the applicant’s mental health condition. 8. 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 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) AR20140009100 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1