IN THE CASE OF:
BOARD DATE: 4 December 2013
DOCKET NUMBER: AR20130019420
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.
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.
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 applicants case, the SRP determined by unanimous vote that the applicants unfitting condition diagnosis be should changed to Post-Traumatic Stress Disorder (PTSD) with traumatic brain injury (TBI) at entry on the Temporary Disability Retired List (TDRL). Furthermore, his prior retirement should be modified to reflect that the applicant was placed on the TDRL at 50 percent for a period of 6 months and then a permanent 70 percent disability retirement.
2. The SRP noted that while the permanent profile had reflected an S3 determination based on PTSD, the narrative summary and Medical Evaluation Board (MEB) forwarded a diagnosis of mood disorder and specifically stated that the provider did not feel that the full Diagnostic and Statistical Manual of Mental Disorders-IV criteria for PTSD had been met. However, based on the availability of additional data, a PTSD diagnosis was later confirmed by the final Physical Evaluation Board (PEB). SRP members agreed that this case did meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project.
3. The SRP concluded that the preponderance of evidence supported a diagnosis of PTSD at the beginning of the TDRL period. Records show the applicants first PEB had determined that the condition was unstable and assigned a disability rating of 30 percent. However, the SRP noted that adherence to Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) requires a minimum rating of 50 percent and a new determination made after a period of 6 months. Additionally, the SRP noted there is insufficient evidence to support a rating higher than 50 percent at the time of TDRL entry.
4. The SRP agreed that there was not a preponderance of evidence to support a rating higher than the 70 percent level of disability in accordance with the VASRD at the time of permanent medical retirement.
5. The available evidence shows the SRPs assessment should be accepted.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by modifying his prior determination to reflect PTSD with TBI at entry on the TDRL. Furthermore, his prior retirement should be modified to reflect that the applicant was placed on the TDRL at 50 percent and then a permanent 70 percent disability retirement.
_______ _ 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) AR20130019420
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