IN THE CASE OF: BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150018517 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 integrated disability evaluation system (IDES). The evidence of the available records shows a diagnoses of anxiety disorder not otherwise specified (NOS), and pain disorder were rendered during the IDES process. There was no diagnostic variance in the evidence. Pain disorder and anxiety disorder can be equal in severity and functional impact. Therefore, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. 3. The SRP agreed with the physical evaluation board (PEB) adjudication of unfitting pain disorder and determined it was supported by the evidence. The SRP noted that the PEB assigned a disability rating of 50 percent with application of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129. The SRP agreed the provision was applicable in this case. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 50 percent at time of placement on the Temporary Disability Retired List (TDRL). A disability of 70 percent requires occupational and social impairment, with deficiencies in most areas. There was no record in the evidence of recurrent suicidal or homicidal behaviors, no violent behaviors, no mental health hospitalization, and no legal problems. There was insufficient evidence for recommending a 70 percent disability rating. The SRP considered the record of evidence best supported the 50 percent rating for TDRL placement. 4. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that the applicant did meet diagnostic criteria for pain disorder. The SRP noted that the applicant continued to have persistent pain and determined that pain disorder was the appropriate diagnosis. The SRP considered if there was evidence for a VASRD section 4.130 rating higher than 10 percent at the time of TDRL removal. The applicant reported he had been unemployed since separation but had successfully completed a 2-year program in respiratory therapy that included training in a hospital setting. There was no reported history of suicidal or homicidal thoughts, plan, intent, or attempts. There was no report of legal problems. There was no report of domestic violence or violence outside of the home. The applicant’s mental status exams recorded no impairment in judgment, noted no evidence of psychosis, and no issues in orientation or hygiene. The symptoms had stabilized with no hospitalizations and no recorded visits to the emergency room for mental health issues. The TDRL psychiatric examiner noted his symptoms were mild or transient. 5. The SRP members agreed that the 10 percent rating most accurately depicted the clinical condition at the time of permanent separation. After due deliberation, considering all of the evidence and mindful of VASRD section 4.3, the SRP recommends no change in the PEB’s adjudication for the pain disorder condition of 10 percent at permanent retirement. 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) AR20150018517 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1