BOARD DATE:	  30 July 2014

		DOCKET NUMBER:  AR20140010901 


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 applicant's 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, with a disability rating recommendation in accordance with VASRD section 4.130.

3.  The SRP noted that anxiety disorder was the diagnosis made at the time of entry into the disability evaluation system and remained unchanged throughout the disability evaluation. The SRP determined that, since no MH diagnoses were changed or eliminated in the disability evaluation, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.

4.  The SRP noted the VA Compensation & Pension examination diagnosis of Post-Traumatic Stress Disorder (PTSD) shortly after medical retirement and placement on Temporary Disability Retired List (TDRL) and discussed whether a diagnosis of PTSD was better supported by the evidence of the clinical records during the Medical Evaluation Board (MEB)/PEB process and prior to placement on the TDRL.  The SRP concluded that treatment records did not fully support a PTSD diagnosis over anxiety disorder and that the evidence did not support a recommendation for change in diagnosis from anxiety disorder to PTSD on the PEB form.

5.  The SRP noted that the fact the MEB/PEB diagnosis was anxiety disorder did not result in any disadvantage since the PEB determined the anxiety disorder was unfitting and caused by the applicant’s combat experiences and applied the provisions of VASRD section 4.129, placing the applicant on TDRL with a 50 percent rating. 

6.  The SRP next considered whether a VASRD section 4.130 rating higher than 50 percent for the unfitting anxiety disorder was supported at the time of placement on TDRL.  The SRP concluded that there was insufficient evidence to support a higher rating at the time of placement on the TDRL.
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



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ABCMR Record of Proceedings (cont)                                  AR20140010901



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