IN THE CASE OF: BOARD DATE: 10 September 2014 DOCKET NUMBER: AR20140013482 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 a 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 in order 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 of the applicant’s disability and separation determination. 2. The SRP considered the appropriateness of changes in the MH diagnoses, the physical evaluation board fitness determination; and if unfitting, whether the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (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 post-concussion syndrome and depression 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. 4. The SRP agreed that the provisions of VASRD Section 4.129 were applicable in the applicant’s case, noting the association with combat experiences. The SRP then considered if there was evidence for a Temporary Disability Retired List (TDRL) entry at a rating higher than the minimum 50 percent for 6 months under VASRD Section 4.129. The higher 70 percent rating was for “occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood due to such symptoms.” Near the time of TDRL entry, there were no recorded “continuous” panic attacks that affected his ability to function independently supported by a “moderate” impairment to occupational and social adaptability. Additionally, there were no reported suicidal ideations or altered impulse control linked towards direct physical aggression. 5. After due deliberation in consideration of the preponderance of the evidence, and in accordance with the DOD policy, the SRP concluded that VASRD Section 4.129 applied to the rating of the applicant’s PTSD condition and supported no greater than the required 50 percent rating at the time of TDRL entry. 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 that 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) AR20140013482 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1