IN THE CASE OF:
BOARD DATE: 30 October 2013
DOCKET NUMBER: AR20130018447
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 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 mental health diagnosis was changed during that process.
3. The applicant submitted an application through the DOD Physical Disability Board of Review (PDBR) Mental Health Special Review Panel (SRP).
CONSIDERATION OF EVIDENCE:
1. The PDBR SRP conducted a comprehensive review of the applicants submissions and records for evidence of inappropriate changes in the diagnosis of a mental health condition during processing through the military disability system. A copy of the SRP recommendation was forwarded to the applicant.
2. The Department of Defense memorandum, dated 27 February 2013, directed the Service Secretaries to conduct a review of mental health 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.
DISCUSSION AND CONCLUSIONS:
1. After a comprehensive review of the applicants case, the SRP determined by unanimous vote that there be no change in his disability and retirement.
2. The SRP determined that no mental health diagnoses were changed to the applicants possible disadvantage in the disability evaluation. This case did not appear to meet the criteria for the Terms of Reference for the Mental Health Diagnosis Review Project. Members agreed that symptoms reported fulfilled criteria for the diagnosis of Post-Traumatic Stress Disorder (PTSD) and the symptoms were of such magnitude as to render the applicant unfit for further military service. Additionally, the SRP concluded the Department of Veterans Affairs Schedule for Rating Disabilities §4.129 was applied to the unfitting condition as required and he was appropriately placed on the Temporary Disability Retired List (TDRL) with a 50 percent PTSD disability rating. Finally, it concurred with the PTSD disability rating applied at the time the applicant was removed from the TDRL and medically retired.
3. In order to qualify for a higher than 70 percent (i.e., 100 percent) mental health disability rating, total social and occupational impairment would have had to have been demonstrated. While the applicant did display difficulties in several areas to include difficulty in adapting to stressful circumstances, disturbances of motivation and mood, panic attacks more than once a week, anxiety, chronic sleep impairment and depressed mood, he was living at home with his wife of 25 years and working as a teachers aide. The final TDRL psychiatric exam noted he believed he was adjusting to the job and found it to be rewarding. Members agreed there was insufficient evidence for a rating higher than the 70 percent rating assigned by the physical evaluation board.
4. The available evidence shows the SRPs 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130018447
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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