IN THE CASE OF:
BOARD DATE: 11 December 2013
DOCKET NUMBER: AR20130019745
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 prior determination be modified to reflect placement on the Temporary Disability Retired List (TDRL) for a period of 6 months and upon final disposition, permanent disability retirement with a combined rating of 50 percent.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the mental health condition(s) during processing through the Disability Evaluation System. The evidence of the available records showed diagnoses of adjustment disorder, dysthymic disorder, and Post-Traumatic Stress Disorder (PTSD) were rendered.
3. The SRP determined that mental health diagnoses were not changed to the applicants possible disadvantage in the disability evaluation, since PTSD is a more serious disorder than dysthymia (low grade depression) and the symptoms of PTSD overlap with depression. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the Mental Health Diagnosis Review Project.
4. The SRP agreed that the available evidence supported the PEB adjudication of PTSD and dysthymic disorder as unfitting conditions. The applicant fully met Diagnostic and Statistical Manual of Mental Disorders-IV criteria for PTSD; therefore, the diagnosis of PTSD was the appropriate diagnosis.
5. The SRP in compliance with the provisions of Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) 4.129 for PTSD unfitting conditions determined the provision was applicable in the case and therefore must assign a disability rating of not less than 50 percent for an initial period of 6 months following separation, with subsequent fitness and PTSD ratings based on the applicable evidence. The record in evidence suggested the applicant was not placed on the TDRL and was given a permanent rating of 30 percent. Therefore, the SRP considered if there was evidence for a 4.130 rating higher than 50 percent.
6. The SRP agreed the record in evidence did not support a rating higher than 50 percent at the time of TDRL entry and there was insufficient evidence for recommending a 70 percent at the time of TDRL entry.
7. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that the applicants symptoms had significantly improved since entry onto the TDRL, she remained stable, and her symptoms reflected the criteria for the 50 percent disability rating.
8. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded that the application of VASRD 4.129 was applicable in this case. The SRP further concluded that there was insufficient cause to recommend a change in the PEB adjudication of the applicants unified permanent retirement rating of 50 percent for the mental health conditions.
9. 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 her prior determination to reflect placement on the TDRL for a period of 6 months and upon final disposition, permanent disability retirement with a combined rating of 50 percent.
_______ _ 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) AR20130019745
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