IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20140000333
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 applicants 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 applicants case, the SRP determined by unanimous vote that there should be no change of the applicant's disability and retirement determination.
2. The SRP reviewed the applicants records for evidence of inappropriate changes in diagnosis of the MH condition during processing through the military Disability Evaluation System. The evidence of the available record shows a diagnosis of depression and Post-Traumatic Stress Disorder (PTSD) were rendered. The SRP agreed there were no inappropriate changes in diagnoses and therefore determined that the MH diagnoses were not changed to the applicants possible disadvantage in the disability evaluation. Therefore, the applicant did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP agreed that the Physical Evaluation Board (PEB) adjudication of unfitting PTSD and depression were supported by the evidence. The applicant fully met the criteria for PTSD; therefore, the diagnosis of PTSD was the appropriate diagnosis and application of the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 was correct at the time of entry on the Temporary Disability Retired List (TDRL). The SRP also considered if there was evidence for a VASRD Section 4.130 rating higher than 50 percent at time of placement on the TDRL. The SRP considered the record and the evidence best supported the 50 percent rating and there was insufficient evidence for recommending a higher rating.
4. The SRP considered if there was evidence for a VASRD Section 4.130 rating higher than 70 percent at time of TDRL exit. The SRP agreed at the time of permanent retirement that the record adequately demonstrated that although the applicants symptoms had not significantly improved since initiation of TDRL, his condition was judged to be stable.
5. After due deliberation in consideration of the preponderance of the evidence, the SRP concluded there was insufficient cause to recommend a change in the PEB adjudication for the applicants MH conditions at TDRL entry or permanent retirement.
6. 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) AR20140000333
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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