IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150018368 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 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 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 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 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 mental health condition during processing through the military disability evaluation system (DES). The available records show a diagnosis of major depression disorder (MDD) was rendered during the DES process and a diagnosis of post-traumatic stress disorder (PTSD) was listed on the DD Form 2808 (Report of Medical Examination) by a non-mental health provider. The PTSD diagnosis was not forwarded by the medical evaluation board (MEB) or adjudicated by the physical evaluation board (PEB). Therefore, the SRP determined that the applicant met the inclusion criteria in the Terms of Reference for the Mental Health SRP. 3. The SRP members concluded that the preponderance of evidence did not support a diagnosis of PTSD at the time of the applicant?s separation. Adequate pre-separation evidence was lacking and the service treatment record consistently documented a diagnosis of MDD and bipolar disorder. Application of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 is considered by the SRP for all cases of service-connected psychiatric conditions resulting in separation, but all members agreed that the "highly stressful event" requisite for VASRD section 4.129 was not satisfied in this case. 4. The PEB assigned a 30 percent rating but the SRP must consider whether the VASRD section 4.130 criteria for a 50 percent rating was reasonably satisfied by the evidence at TDRL placement. The SRP also noted that because total psychiatric impairment (regardless of co-existing mental health diagnoses) is subsumed under a single rating, the presence of multiple mental health diagnoses is irrelevant to the rating. The higher 50 percent rating is for "reduced reliability and productivity." The applicant was working 12 hours per day up to 6 days per week with good support from family and friends. The SRP agreed that the commander’s statement and narrative summary examination clearly provide no support for a higher rating. The SRP members agreed that there was insufficient cause to recommend a change in the PEB’s rating at the time of placement on the TDRL for bipolar disorder. 5. The SRP agreed at the time of the TDRL removal that the record adequately demonstrated that the applicant did meet diagnostic criteria for bipolar disorder. The SRP noted that he continued to have persistent hypomanic symptoms, and determined that bipolar disorder with depression was the appropriate diagnosis. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at the time of his TDRL removal. He had no relationships with persons other than his wife and youngest son because it was difficult for him to be around others. The applicant reported he had been fired from several jobs due to interpersonal difficulties caused by his irritability and impulsivity. He reported he had not had a physical altercation for 2 years. He was working well in his current job because he could work in solitude. He had not had suicidal ideation for a year. He had overcome his gambling and overspending behavior that included filing for bankruptcy. His mental status examination shows he was able to maintain his personal hygiene and he denied panic attacks or ritualistic behaviors. His speech was within normal limits. There were no hospitalizations and no recorded visits to the emergency room for mental health issues. 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) AR20150018368 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1