IN THE CASE OF:	  

		BOARD DATE:	  11 June 2014

		DOCKET NUMBER:  AR20140007551 


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 determination of Temporary Disability Retired List (TDRL) entry rating of 50 percent in accordance with the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.129, and VASRD, section 4.130.

2.  The SRP considered the appropriateness of changes in the MH diagnoses; the physical evaluation board (PEB) fitness determination; if unfitting, whether the provisions of VASRD, section 4.129, were applicable; and a disability rating recommendation in accordance with VASRD, section 4.130.

3.  The SRP noted the evidence of the available records did contain the diagnosis of acute stress reaction that was upgraded to post-traumatic stress disorder (PTSD) prior to the initiation of the Disability Evaluation System process and remained so until adjudication.  Therefore, the applicant did not appear to meet the inclusion criteria in the terms of reference of the MH review project.  The SRP agreed that the provisions of VASRD, section 4.129, were applicable in this case, noting the association with combat experiences.

4.  The SRP considered whether there was evidence for a VASRD, section 4.130, rating higher than the PEB's 50 percent at the time of the applicant's TDRL entry.  The higher 70-percent rating was for occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, and others.  Upon TDRL entry, there were no recorded disabling panic attacks, no hospitalizations, no reported suicidal ideation, no noted impairment in judgment, and no physical aggression toward others.

5.  The SRP considered and agreed that the record in evidence best supported the 50-percent rating for TDRL entry under VASRD, section 4.129, and there was insufficient reasonable doubt for recommending a rating of 70 percent at TDRL entry.

6.  After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the diagnosis of PTSD with the application of VASRD, section 4.129, minimum rating of 50 percent at TDRL entry was appropriate.

7.  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)                                  AR20140007551



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1