IN THE CASE OF:
BOARD DATE: 26 February 2014
DOCKET NUMBER: AR20140000971
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 applicant's submissions and records for evidence of inappropriate changes in the diagnosis of an 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 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 applicant's case, the SRP determined by unanimous vote that there should be no change in the applicant's unfitting condition; that her prior determination should be modified to reflect placement on the Temporary Disability Retired List (TDRL) at 50 percent rather than 30 percent in accordance with Veterans Affairs Schedule for Rating Disabilities (VASRD), section 4.129, and Department of Defense (DOD) policy; and then no change to the previously-assigned 50-percent disability rating at time of the applicant's permanent retirement.
2. The SRP reviewed the records for evidence of inappropriate changes in diagnosis of the applicant's MH condition during processing through the military Disability Evaluation System (DES). The available evidence contained the diagnosis of a general anxiety disorder that was changed to post-traumatic stress disorder (PTSD) during the DES process; thus, the applicant did not meet the inclusion criteria in the Terms of Reference of the MH Review Project.
3. The SRP considered if there was evidence for a VASRD, section 4.130, rating higher than the 50-percent rating adjudicated by the physical evaluation board. The SRP agreed the record of evidence did not support a higher than 50-percent permanent rating.
4. After due deliberation in consideration of the preponderance of the evidence and in accordance with DOD policy, the SRP concluded that the VASRD, section 4.129, applies to the rating of the applicant's PTSD condition and supported no greater than the required 50-percent rating at the time of TDRL entry.
5. The available evidence shows the SRP's assessment should be accepted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X___ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by increasing the MH TDRL entry rating to 50 percent.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of the application that pertains to any change in the applicant's MH permanent disability rating.
__________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
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140000971
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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