IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20140000660
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 (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 applicants physical evaluation board (PEB) adjudication of his MH condition.
2. The SRP reviewed the records for evidence of inappropriate changes or elimination of diagnoses of an MH condition during processing through the Disability Evaluation System and found none. The PEB applied the provisions of the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) Section 4.129 and provided a disability rating in accordance with (IAW) VASRD Section 4.130.
3. The applicant was placed on the Temporary Disability Retired List (TDRL) with a disability rating of 50 percent for his unfitting Post-Traumatic Stress Disorder (PTSD) condition. He remained on the TDRL at the time of the SRP.
Therefore, the SRP considered whether there was evidence of a Section 4.130 rating higher than 50 percent at the time of his placement on TDRL.
4. The SRP considered that the VA rated the PTSD condition at 70 percent a month after the applicant was placed on TDRL based on the Compensation and Pension (C&P) PTSD examination.
5. The VA Rating Decision noted that the examiner indicated occupational and social impairment with deficiencies in most areas, consistent with a 70 percent rating IAW VASRD Section 4.130, but also noted the examiners Global Assessment of Functioning of 65 indicated mild symptoms or some difficultly in social, occupational or school functioning. The Rating Decision resolution of this apparent inconsistency was that the overall evidentiary record most closely approximated the 70 percent disability evaluation.
6. The evidence in the service treatment record included the psychiatric narrative summary (NARSUM) which concluded the applicants PTSD symptoms resulted in occupational and social impairment with reduced reliability and productivity, consistent with a 50 percent rating IAW VASRD Section 4.130.
7. The Case Management notes in the service treatment record support that the applicant improved in the time period between the psychiatric NARSUM and TDRL entry. The C&P Traumatic Brain Injury examination, 2 weeks after the C&P PTSD exam, also supported that the applicants PTSD symptoms were improved by his treatment with Behavioral Medicine and medications.
8. The SRP concluded that there was not a preponderance of the evidence in the record to support a higher than 50 percent disability rating at the time of the applicants placement on the TDRL. The SRP agreed the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
9. 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) AR20140000660
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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