IN THE CASE OF:	  

		BOARD DATE:	   25 June 2014

		DOCKET NUMBER:  AR20140008951 


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 considered the appropriateness of changes in the MH diagnoses; Physical Evaluation Board (PEB) fitness determination; and if unfitting, whether the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) section 4.129 were applicable; and whether a disability rating recommendation in accordance with VASRD section 4.130 was made. 

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 did contain the diagnosis of acute distress disorder that was upgraded to Post-Traumatic Stress Disorder (PTSD) prior to the initiation of the DES process and remained so until adjudication.  Therefore, this applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project. 

4.  The SRP agreed that the provisions of VASRD section 4.129 were applicable in this case, noting the association with combat experiences as evidenced by the Combat Action Badge.  The SRP considered if there was evidence for a higher rating than the PEB's 50 percent at time of Temporary Disability Retired List (TDRL) entry.

5.  The SRP noted that the applicant did possess some characteristics of the higher rating criteria; however, the SRP agreed that the intensity or degree of those characteristics did not rise to a level of actually meeting a higher rating.  Therefore, the SRP agreed that near the time of TDRL entrance, the preponderance of evidence did not support a higher rating adjudicated by the PEB and the diagnosis of PTSD with application of VASRD section 4.129 minimum rating of 50 percent at TDRL entry was appropriate.

6.  The SRP then considered if there was evidence for a higher rating than the 30 percent permanent rating adjudicated by the PEB at TDRL termination.  The SRP consensus was that the intensity or degree of the applicant's symptomatic characteristics near the time of TDRL exit did not rise in greater totality to meet the higher rating. 

7.  After due deliberation, the SRP agreed that the preponderance of evidence did not support a permanent medical retirement rating higher than the 30 percent adjudicated by the PEB.

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 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



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ABCMR Record of Proceedings (cont)                                  AR20140008951



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