IN THE CASE OF:
BOARD DATE: 29 January 2014
DOCKET NUMBER: AR20130020917
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 applicant's diagnosis of post-traumatic stress disorder (PTSD) be changed to an unfitting condition, and that his prior separation be modified to reflect he was placed on the Temporary Disability Retired List (TDRL) at 50 percent rating for a period of 6-months (PTSD at minimum 50 percent in accordance with §4.129 and Department of Defense (DOD) Directive) and that he then be given a permanent PTSD rating of 30 percent resulting in a combined 40 percent disability retirement at his exit from the 6-month TDRL.
2. The SRP reviewed the records for evidence of inappropriate changes in the applicant's diagnosis of mental health (MH) condition during the Disability Evaluation System (DES). The evidence of available records shows a diagnosis of PTSD and no change was made to the applicant's diagnosis.
3. The SRP agreed the applicant's diagnosis did not meet the specific inclusion criteria in the Terms of Reference of the MH Review Project. However, the applicant's MH condition did meet the intent of the project consistent with the identification of this case for the SRP's review.
4. The SRP considered the physical evaluation boards (PEB) fitness determination of "not unfitting" for the PTSD diagnosis. The evidentiary standard of "preponderance of evidence" is required for the SRP to recommend a change in a PEB's fitness determination. The evidence of record clearly identifies the PTSD condition as negatively impacting the applicant's duty performance.
5. The PEB document acknowledged the applicant had PTSD; however, it did not identify the duty impairment indicated in the commander's statement and also cited the applicant's not using medication as an aspect of rendering the condition not unfitting.
6. The SRP agreed the preponderance of evidence supported an "unfitting" determination for the applicant's PTSD condition and an additional disability rating be recommended for his PTSD condition.
7. After due deliberation in consideration of the evidence, the SRP unanimously concluded a rating greater than 50 percent was not supported by evidence and recommended the 50 percent rating be applied to the constructive TDRL entry period. The SRP also unanimously agreed that a stable impairment rating of
30 percent be continued to the end of the "constructive" 6-month TDRL period.
8. 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 changing his PTSD to an unfitting condition, and his prior separation be modified to reflect he was placed on the TDRL at 50 percent rating for a period of
6 months (PTSD at minimum 50 percent in accordance with VA and DOD Directive) and then a permanent PTSD rating of 30 percent resulting in a combined 40 percent disability retirement at exit from the 6-month TDRL.
__________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) AR20130020917
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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